Alterraon Phillips's Answers

In a foreclosure, what is a "Notice that cause is at issue?" (Please read my details, I really need help)

You are correct, the court is notifying the petitioner that if they do not move the case forward, they will dismiss the case. You are also correct in stating the petitioner will likely file for summary judgement as they want a judgement rendered. If they file a notice that causes is at issue, they will likely have to set a hearing date and take this to trial. If they file a motion for summary judgement, you will want to respond making note there is a legal issue with the foreclosure...

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I Was Cited for reroofing a multifamily duplex in Tampa florida without a permit

Your other option outside of getting the affidavit is having the work redone and inspected during its appriate phases. Or, some building departments will accept a signed and sealed letter from a structural engineer stating the work in place is in accordance with the FL Bldg Code. You will need to consult with your local building department to verify if this is acceptable. Also be prepared for possible fines and added fees when you go to obtain the permit.

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Dispute a claim on my security deposit...What the FL laws of subletting?

1. If there was no lease agreement and you were on a month to month basis, yes it is legal to give you 30 days notice to vacate. 2. If within 30 days of the lease being terminated the landlord advised you of the charges, yes, they can withhold the amount from the security deposit. If you were not advised of the reason for withholding the funds within 30 days of termination, the landlord waives their right to retain the funds. Al Phillips, Esq. Cousins Law Firm, P.A. 330 Clematis St.,...

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Trying to get rid of a "friend" who wont leave my home!

Since he is paying rent he is considered a tenant and since his name is not on the lease and I presume there is no written agreement, he is considered a month to month tenant. As such, you can give him 30 days notice to vacate. If he does not leave, you will have to go thru the eviction process which is thru the court system. If you do not want to wait the 30 days, you can start the eviction process by issuing the 3 day notice and proceeding from there. Most county clerk/court websites have...

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Can I brake a contract on a house that is going on foreclosure. For how long can I live in the property. I don't want eviction.

Your landlord is still the legal owner of the home and your lease is still valid. Legally you cannot unilaterally break the lease. You and the landlord must both agree to walk away from the agreement. The homeowner's association nor the bank can give you notice to move. Who ever purchase the property at the foreclosure sale must honor the lease agreement and if there is less than 90 days remaining on the lease of if you are month to month, there is a law in place that gives you up to 90 days...

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How do I get rid of a guest that has been living in my apartment and now thinks he has a legal right to stay?

Since you noted this was an apartment, I am going to presume you are leasing and not buying the premise. Based on that presumption, most lease agreements have a clause in them that if you have a guest that stays more than 7 days, they are considered a tenant. (you will need to read your lease agreement to verify). In such cases as yours, technically you would need to evict them if you have this clause in your agreement and they are claiming they have rights to stay. If this clause does not...

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Tenant's check bounced the very first month of moving in, how can I get tenant out?

No, unless your lease agreement has a specific clause that states otherwise. As long as the tenant is current with the rent, there is no grounds for eviction unless they are breaching someother article in the agreement such using the property in the furtherance of a crime or making the property uninhabitable.

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Removing an ex boyfriend from a single mother's home.

The police are correct. Your only legal option is to have him evicted. Your count courthouse should have the forms you need to do this but it will cost you around $250 in court fees, summons and service cost. This is if you attempt to do on your own without the assitance of an attorney.

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If a person holds a mtg and the mortgagee wants to return the property what should they do?

I would highly recommend they have a real estate attorney assist them. From the Mortgagor's perspective you want to be sure there are no other emcumbrances on the property in which you will be accepting if you do a quit claim deed (such as loans that have come after yours). Investing in a title search prior to accepting a quit claim from a mortgagee is a good idea. From that point you can evaluate whether a deed in lieu is the most appropriate way to go. To answer your question, you can...

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No heat in the house I am renting. I have a lease requiring LL to install heating unit.

If you are paying your rent and have proof, your LL will have a tough argument in court to evict you. Also, if your lease agreement states a heating unit will be installed, my person comment is a fair interpretation of that wordage is a permenant heating system not some plug in unit. Your recourse in this instance is you can have a heating system installed, pay for it, and deduct the cost from the rent. You must put the owner/LL on notice of your intent to do this but this would be the...

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