Leonard Wilder’s Answers

Leonard Wilder

Fort Lauderdale Residential Real Estate Lawyer.

Contributor Level 4
  1. No written agreement for a security deposit....

    Answered almost 3 years ago.

    1. Leonard Wilder
    2. Marshall C Deason Jr.
    3. Sergio Cabanas
    3 lawyer answers

    A security deposit is typically given to ensure that you will comply with the lease and/or pay for damages to a unit once you vacate the premises. Pursuant to section 83.49, Fla. Stat., if a landlord intends to make a claim for the security deposit, he or she must give you written notice within 30 days. If the landlord fails to give such notice, he or she forfeits the right to said deposit. If you receive such notice, you have 15 days to object. If the money is still not returned, you can...

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  2. If homeowners insurnce asks for a notarized list for a claim, should i only put items on the list that i have receipts for?

    Answered almost 3 years ago.

    1. Leonard Wilder
    2. Victor B. Finkelstein
    3. Christian K. Lassen II
    4. Mark Christopher Wolfe
    4 lawyer answers

    In my experience, insurance companies like receipts to establish not only the existence of an alleged item of theft, but value. If you do not have a receipt (which is not uncommon because I too lose receipts) you may wish to submit an affidavit attesting to the items stolen. In addition, If you have personal photos of the items, that too can be attached to the affidavit to at least prove they existed. Good luck!

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  3. Can I request evidentiary hearing on a denied motion to dismiss?

    Answered almost 3 years ago.

    1. Leonard Wilder
    2. Cynthia Ariel Conlin
    3. Dennis Andrew Chen
    3 lawyer answers

    Based upon the above scenario, the landlord appears to be claiming that he or she did not know you abandoned/surrendered the unit, thus necessitating an eviction. This seems silly if you returned the keys. If in fact you provided 45 days written notice and paid your rent up to the point of departure, the only way the landlord can keep your deposit is if you caused damage to the unit. Under Chapter 83, the landlord must send you notice within 30 days after your departure that he/she intends...

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  4. Can HOA try to collect rent for FINES, not monthly assessments under FL statue:718.116

    Answered over 1 year ago.

    1. Leonard Wilder
    1 lawyer answer

    The answer is YES. 718.116(11)(a) states in part the following: If the unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the association, the association may make a written demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all monetary obligations of the unit owner related to the unit have been paid in full to the association. The tenant must pay the monetary obligations...

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  5. Can I be arrested for failing to surrender a rented computer and not finishing out my contract

    Answered almost 3 years ago.

    1. Robert John Murillo
    2. Leonard Wilder
    3. Rixon Charles Rafter III
    3 lawyer answers

    Failure to return rented personal property could result in criminal charges being filed against you. In addition, such failure could also result in you being sued for civil theft, conversion and/or breach of contract. Though failure to pay under a rental contract would not normally result in criminal charges, you can be sued for breach of contract and/or unjust enrichment. I would suggest going to AARONS to see if you can negotiate a new payment arrangement that would allow you to keep the...

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  6. Location of a delinquent tenant

    Answered over 1 year ago.

    1. Leonard Wilder
    1 lawyer answer

    First, take a step back and determine if the time and hassel of tracking down your former tenant is worth the effort. If you feel it is, you may try your luck by contacting the Department of Motor Vehicles and requesting information on the license plate number. With that said, even if you discover who she is, where she lives, etc., you will need to sue her for the rent owed If you get a judgment (and I presume she does not have any liquid assets), seizing her vehicle to satisfy the judgment...

  7. Can my Homeowners Association do this? Or is this selective enforcement?

    Answered almost 3 years ago.

    1. Leonard Wilder
    1 lawyer answer

    In sum, if in fact the Association has a valid covenant or rule prohibiting the parking of trailers, and the Association is choosing to enforce the rule against your husband but not the others it sounds like it would be selective enforcement. Though such enforcement is wrong and could serve as a cause of action or defense, you must determine if you wish to fight that battle. Going against the Association, irrespective if you are right or wrong, can and will cost time and money. With that...

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  8. My problems with my HOA due to previous owners infractions against governing documents. Georgia, GA

    Answered almost 3 years ago.

    1. Jody Lynn Peskin
    2. Leonard Wilder
    2 lawyer answers

    I will attempt to answer you question. Though I do a significant amount of community association law, each state's laws can be a little different. Typically, when you buy a home, you take it with all the benefits and burdens. By this I mean that if the home was in violation prior to your purchase, you as the new owner would be responsible for rectifying any new or existing violations. When doing work outside your home, it is important to check your Declaration of Restrictions and rules and...

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  9. I had a verbable contract for a job and had a wtness to this agreement. Now this company has laid me off. do i have a case>

    Answered almost 3 years ago.

    1. Stephen Walker Burrow
    2. Leonard Wilder
    2 lawyer answers

    I will attempt to answer your question subject to the fact that your state laws may differ from where I am located. Typically, a contract that specifically is meant to last more than one year must be in writing. If you contract was "for life", that can mean 20 days, 20 months or 20 years. I think you get the idea. With that said, presuming there was no discussion about the actual length of the contract, you may have a good argument that the agreement was enforceable. In addition, if you...

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  10. 10 years ago my sister said i can build a house at me expence on her property and gave me a viberal agreement i can live there

    Answered almost 3 years ago.

    1. Leonard Wilder
    1 lawyer answer

    A verbal agreement concerning your right to live on someone's property until you die would most likely not be enforceable as a matter of law. Such agreements normally need to be in writing. Because your sister can change her will at any time, this would not suffice. However, as you built a home on the property and have invested funds to improve same, a court, as a matter of equity, may require your sister to honor the agreement. I agree that in order for your sister to throw you off her...

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