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W Chase Carpenter

W Carpenter’s Answers

137 total


  • Rented a house, after taking possession, found rats in the attic. 2 mths later owner is addressing but trying to revise terms

    Owner suggested i move at my expense, initially approved rescue and foster dogs on premises and collected a pet fee in addition to first/last/security. After I objected to rats and length of time to address - still ongoing - owner now wishes to ev...

    W’s Answer

    I’d say you’d be well served consulting and, perhaps, hiring an attorney to address these issues. Of particular concern is the rat issue. Yes, the lease needs reviewed, but I’d say this brings up issues of breach of quiet enjoyment and just overall habitability. Further, have the rats caused you any property damage or health issues? A rat infestation is not something to live with – if the landlord refuses to address, look into a rent withholding letter (and ultimately withholding if necessary). However, an attorney may be helpful here because there’s a specific procedure you must follow. Finally, the lease is the lease and the landlord can’t just change it because you need something fixed. If so, sounds like retaliatory conduct, which is prohibited in the FL statutes. Long short, make an appointment with an attorney to discuss the details, get a game plan together, and move forward from there.

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  • PLEASE HELP !!! Is This Cyber Stalking and Much More?

    My ex wife has set up a fake FB account under my name with a Mugshot of me for an alleged charge that was dismissed. She is Harassing and Tormenting me by sending friend requests to my girlfriends friends and family. She has also posted this Mugs...

    W’s Answer

    Well, as my colleague points out, more information is needed, but from your description, you may have a few different issues here. From a practical standpoint, you can contact FB to make a complaint to at least deal with that end. However, narrowing to your legal options, if your ex is impersonating you and/or posting falsities about you that are damaging you, you may just have a case. I would highly suggest making an appointment with an attorney to sit down and discuss the details in a confidential setting. From there, you’ll know what options and actions you can take to come to the best resolution. I’m sorry if the advice seems obtuse, but in these types of cases, I advise getting the details out in a confidential environment.

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  • Fifth Third Bank refuses to give me their contact info for me to send them a Breech of Contract notice.

    They claim they do not allow faxes, or emails for that purpose. How can I send them a breech of contract notice? Is it legal for a cooperation to not provide their contact info?

    W’s Answer

    Go to sunbiz.org and search the online records for FL Dept of State, Division of Corporations. They'll have a registered agent listed - probably your best bet. When you say "send them a breach of contract notice," do you mean a demand letter or have you filed a lawsuit and received a summons issued by the clerk? If you have a summons issued, you'll need to have a sheriff or process server serve the Complaint and Summons on the registered agent. But, specifically, to answer your questions, go to sunbiz.org to find the contact information.

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  • My COA forced me into foreclosure by not allowing me to rent my Unit. Do I have any recourse?

    My COA has 10 units and is self managed . . . I lost my job and wanted to rent out my unit and was told ONLY 4 owners can (40%) can rent their units . . . according to the COA President. I looked through the Bylaws and found nothing regarding this...

    W’s Answer

    As much as I’d like to have a different answer, I really think you’d have a difficult time imputing liability to the COA for the foreclosure. I feel for your frustration, I’d definitely be, too. And as a litigator, I think it sounds like an interesting suit. However, I’m not sure you can get enough links together to hold the COA liable. That’s not to say you don’t have a petition or cause of action against the COA to allow you to rent your unit, assuming it isn’t in the documents, by-laws, etc. That’s a possibility. And you may have other ways to get out of the foreclosure. I would say start in these areas where you may have some traction. Perhaps there is a way to link the liability, but I’d say you’d be better served in the legal arena with the help of an attorney to deal with the foreclosure head-on… and maybe even a petition against the COA for preventing you from renting.

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  • How can a homeowner recover their stolen money back from corrupt builder?

    The CGC got paid lots of $$$ began work, then split with money. He didn't bother paying subs and suppliers ,So we had to pay them again!!! Also we were left with unfinished home, for more than cost of finished home. We have complaint with...

    W’s Answer

    I agree with Mr. Tischhauser’s assessment and advice. It is unlikely that the company will just finally decide to pay you back the money or return and finish… so you’ll likely need to file suit, win suit, and enforce the judgment. Unfortunately, this is generally not as easy as it sounds. I would advise at least consulting with an attorney. Your suit will have its basis in the contract. And keep in mind that should you be successful, you may be able to recover your attorney’s fees. While litigation can get pricey, before you give up the idea of having counsel pursue your claim, speak with a few and see what the actual prices and costs you’re looking at (and potential payment plans) – then decide.

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  • In a FL circuit civil matter, when is the earliest pro se plaintiff can request production of documents from defendants?

    Amended complaint has been filed, awaiting defendant's answer; have yet to hold case management scheduling hearing; what is customary/expected practice in circuit court as to the earliest that discovery can begin? Want to be aggressive in requesti...

    W’s Answer

    I agree with my colleagues. I only write to be cautious regarding the actual drafting of your requests. If you are unfamiliar with the discovery rules, you may find the Defendant(s) raising proper objections to your requests. Being aggressive is a fine strategy, but make sure you are making requests that (1) are tailored to proving your point(s) and (2) are drafted so that they avoid objections that could be upheld. Despite the cliché that I’m sure you’ve heard, I would really advise having counsel represent you. Litigation can get pretty complex and a wrong move or missed deadline can mean big trouble (even if it seems nonsensical or trivial). Best of luck.

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  • Can the company that I rent the home from be liable for my personal damage due to water leak?

    I moved into the home on Saturday, and later on that same night I noticed the kitchen and bathroom sinks backing up with dirt coming up, I called the rental company the next day and told them the problem, on Tuesday morning I woke up and the bathr...

    W’s Answer

    It’s possible. As Mr. Hachey pointed out, the terms of your lease will govern. I would be pretty surprised if the lease omitted this type of situation. Hopefully you obtained renter’s insurance immediately upon moving in. If not, you may want to consult with an attorney to discuss the particulars and see whether or not you may have grounds for a lawsuit. And even if you have grounds, you would want to know the strengths/weaknesses. Of course, if the problem is ongoing, you may also find it helpful to have an attorney help you follow the statutory procedures for notice and rent withholding. Note - be very careful, missteps are easily made.

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  • Can the lease between a renter and management company be cancelled if the owner cancels his agreement with the management comp?

    The owner wishes to rent directly to the renters when the lease expires between the renters and the management company. The agreement between the owner and management company has expired.

    W’s Answer

    I’m confused as to why the renters have an agreement with the management company. Generally, the lease has the management company listed as the notification contact and lists them as the agent of the landlord until some type of further notice, etc. However, the actual lease should be between the tenant and the landlord (owner of the property). The management company on its own has no right to rent out someone’s property unless they are given such power as an agent. So, it sounds like the owner’s contract with the management company is up, and, as Mr. Lewis pointed out, that alone would not empower the tenants to break the lease. As far as the owner just wants to rent directly… well, with no management company in place, sounds like that’s what they are doing. The lease should still be valid, the owner just needs to give notice to the tenants of where to pay rent, send correspondence, work requests, etc. Of course, this is based on the limited facts I have and the assumptions I’ve made. When it comes to details, a sit-down with a local landlord-tenant attorney should do the trick.

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  • Motion for Judges Default by substitute counsel? BOA changed council,but Nationstar is the new loan servicer as of 2 months ago.

    Over year ago complaint for foreclosure, answered motioned for more time and was ordered to respond in 20 days, but we never received the order finding out year later. BOA agreed to short sale in lieu of foreclosure, so they never pursued with law...

    W’s Answer

    Well, we have a little confusion to clean up here. I am sorry to hear the run-around you’ve been dealing with; unfortunately, it’s not uncommon. So, if I understand correctly, you received the complaint and filed a motion for an extension of time. The judge ruled on the motion, giving you 20 day to respond. Due to the short sale talks, you didn’t respond and the attorneys for BOA basically just left the case ‘as is.’ Now that Nationstar has it, they’ve hired new attorneys that are now moving the case forward with a Motion for Judicial Default? Either that or the previous lawyers filed that Motion – basically it states that you were ordered to file an answer and you never did. It doesn’t really matter which set of attorneys filed that motion, you need to respond and you need to do so ASAP. And your response should be the Answer to the Complaint or a Motion to Dismiss the Complaint. As far as the Motion to Substitute Counsel, you can argue against it if you want, but you probably don’t have any grounds or really any reason to. Likely, it is that Nationstar wants new attorneys on the case (or has a contract with another firm). Soon I would expect to see a Motion to Substitute Party Plaintiff in which they’ll ask to substitute Nationstar as the Plaintiff. While a short sale may still be a possible work out with Nationstar, it looks like the suit is being moved forward. There are plenty good (and affordable) foreclosure defense lawyers out there that can help you. I would highly suggest making an appointment with one.

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  • A 30 year gay relationship. She has been a stay at home partner for the last 10 years. Now being evicted needs advice ASAP.

    Have purchased 3 homes together . But her name was left off on last home. She is being verbally and physically abused and had all her belongings put on the curb. After calling sheriff she was able to move back in the home. The mortgage holder h...

    W’s Answer

    Certainly a tough situation. Although I would need much more information to offer any kind of legal game plan, options likely exist. As Florida doesn't recognize gay marriage or even common law marriage, those protections are not going to be there. That said, it sounds like several steps may be needed to deal with the real estate issues and the attempted eviction. I would advise making a consultation with an attorney to discuss all of the details in confidence to determine exactly what legal steps may be available to help get the situation taken care of.

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