Cristen Heather Messina’s Answers

Cristen Heather Messina

Wesley Chapel Real Estate Attorney.

Contributor Level 10
  1. Is it legal to rent out your home when it is in foreclosure?

    Answered over 1 year ago.

    1. Cristen Heather Messina
    2. Carol Lynne Zimmerly
    3. Celia R Reed
    4. Cheryl Rivera Smith
    4 lawyer answers

    Yes, it is legal to rent out a home that is going through a foreclosure. Title to the home remains with the owner(s) until the foreclosure sale. However, I would advise the tenants that the home is in foreclosure so that they can plan accordingly. The tenants are required to give the landlord access to the home upon reasonable notice, which is usually 24 hours. I would inform them of this right and give them proper notice before entering.

    8 lawyers agreed with this answer

  2. Will I have to pay the remainder of my lease after eviction?

    Answered about 1 year ago.

    1. Cristen Heather Messina
    2. Edward J. Fucillo
    2 lawyer answers

    I suggest you have an attorney review your lease agreement as soon as possible. Your lease may provide that upon default in rent, the landlord may accelerate the balance of the rent payments. While your landlord will have a duty to attempt to re-let the property, you may be held liable for future rent payments, plus late fees and interest. The answer to your question largely depends on the language in your lease agreement. You may want to start by contacting your landlord to see if there is...

    6 lawyers agreed with this answer

  3. Do I have any legal recourse to stop an eviction once the judge has ordered a writ of possession .

    Answered over 1 year ago.

    1. Cristen Heather Messina
    2. Dennis Andrew Chen
    3. J. Garry Rooney
    3 lawyer answers

    You can file an emergency motion to stay the writ of possession. You must act very quickly as it does not take long for the writ of possession to be issued by the clerk and served on you by the local sheriff. You then can move for rehearing or you may appeal the final judgment. I highly suggest you consult with a local real estate attorney to pursue this on your behalf. Since there has already been a final judgment entered, you have a very high burden to overcome in order to have the case...

    5 lawyers agreed with this answer

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  4. Who can enter an eviction in court?

    Answered over 1 year ago.

    1. Cristen Heather Messina
    2. Ezra N. Goldman
    2 lawyer answers

    Yes, a renter or tenant can sublease a room to you, which is what it sounds like the case is here. If you have failed to pay rent or have otherwise breached the lease, you can be evicted. Even if you have not breached the lease agreement, if you are a month-to-month tenant, your lease can be terminated upon the statutorily required notice. It is difficult to advise you further without additional facts. I am a landlord tenant attorney in the Tampa area if you would like to contact me directly to...

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  5. Can i sue my firmer employer for me getting evicted because he refuse to pay me

    Answered over 1 year ago.

    1. Cristen Heather Messina
    2. Robert David Devin
    2 lawyer answers

    You may sue your employer for unpaid wages and damages. The costs associated with the eviction may be damages caused by your employer's failure to pay you. You may also have claims for minimum wage and/or overtime violations under the Florida Minimum Wage Act and/or the Fair Labor Standards Act. I suggest you contact an attorney immediately if you would like to pursue these claims. Good luck.

    5 lawyers agreed with this answer

  6. Being sued for unpaid rent, but we paid it

    Answered over 1 year ago.

    1. Cristen Heather Messina
    2. Carol Lynne Zimmerly
    3. George Joseph Trovato
    4. David B Pittman
    5. Paul S Vicary
    5 lawyer answers

    Unless you either pay the rent or provide proof that the funds were tendered, your landlord will likely file suit to evict you and collect damages. I would go back to the money order company and ask for proof of the money orders or ask them to cancel and reissue the money orders. I would continue to try to work with your landlord and if that fails, pay the rent. If a lawsuit has already been filed, I suggest you consult with an attorney in your area to respond to the complaint in order to avoid...

    5 lawyers agreed with this answer

  7. My husband has been transferred, (place of employment) can we legally break the lease as we really have no choice but to move?

    Answered over 1 year ago.

    1. Cristen Heather Messina
    2. Carol Lynne Zimmerly
    3. David B Pittman
    3 lawyer answers

    Unless you lease provides for early termination based on this scenario, which is unlikely, you put yourself at risk of being sued if you terminate the lease early. The best thing to do is to talk to your landlord and let them know the situation ASAP. Your landlord may be willing to work with you and can start looking for a new tenant. Aside from that, you do put yourself at risk of being sued for the remainder of the rent due under the lease. However, your landlord has a duty to mitigate its...

    5 lawyers agreed with this answer

  8. Lease agreement.

    Answered 6 months ago.

    1. Cristen Heather Messina
    2. Felipe Bastos Fulgencio
    3. Mark Theodore Tischhauser
    3 lawyer answers

    If you signed the lease agreement, and it is an otherwise enforceable contract, then the fact that you do not have a copy of it probably will not prevent an eviction. I recommend you pay your March rent as soon as possible. If an eviction lawsuit is filed against you, in order to avoid a default judgment, you must pay the full amount of back rent into the court registry. Additionally, you will need to file a response within 5 days from the date you are served with the lawsuit. Therefore, I...

    4 lawyers agreed with this answer

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  9. I live in a 12-unit condominium and there is a major issue with the two people who are acting as the condo board.

    Answered over 1 year ago.

    1. Cristen Heather Messina
    2. Marshall C Deason Jr.
    3. Rex Edward Russo
    4. Barbara Billiot Stage
    4 lawyer answers

    You will need to provide more facts about the situation before I can advise whether you have a claim or not. Specifically, what are the issues with the board and the property management company? Also, an attorney will need to review the condominium documents in order to determine whether your "issues" with the board are contrary to the condominium documents as well as the Florida Statutes. I would start by submitting a written request to the association for all of its books and records,...

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  10. Can I have a final judgment for eviction either set aside or vacated if the 3 day notice had incorrect monies owed on it?

    Answered over 1 year ago.

    1. Cristen Heather Messina
    2. John Andrew Morey
    2 lawyer answers

    If the judgment was in 2009, it is too late to file a motion for reconsideration or to vacate the Final Judgment or otherwise appeal. Unfortunately, there is no way to get rid of it at this point.

    4 lawyers agreed with this answer