Carol Lynne Zimmerly’s Answers

Carol Lynne Zimmerly

Kissimmee Landlord / Tenant Lawyer.

Contributor Level 19
  1. Can a landlord wrongfully evict me from a commercial leased property by changing the locks and and retaining my personal propert

    Answered almost 2 years ago.

    1. Carol Lynne Zimmerly
    2. Jacqueline Alicia Salcines
    3. Danialle Riggins
    4. Clifford M. Miller
    5. Jeffrey Bruce Gold
    5 lawyer answers

    No, the landlord cannot practice self help in Florida, which is what this amounts to. Seek a local landlord tenant lawyer or real estate attorney immediately. Good luck.

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  2. Was he in breach of contract? Am I in the wrong? I'm being sued, should I counter sue?

    Answered 9 months ago.

    1. Alexander Patrick Johnson
    2. Carol Lynne Zimmerly
    3. Jeffrey B. Lampert
    4. Marjorie Brunelli DeCastro-Hirsch
    4 lawyer answers

    If the lease agreement and / or the security deposit agreement have appropriate language that protects your interests, then you will be okay. An attorney would have to read the lease and any other agreement you have. You should preserve any proof you have such as emails, letters, texts, etc. that back up your side of things. Did you get any of this in writing and signed by both parties? Has the beginning date of the lease already passed? Did you send the mandatory letter regarding...

    8 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Landlord filed chapter 7, there is no lease agreement and my landlord informed me not to pay rent, save it to move.

    Answered over 2 years ago.

    1. Carol Lynne Zimmerly
    2. Stuart M. Address
    3. Christopher Frederic Ikerd
    3 lawyer answers

    If there is no written lease agreement, then you are a tenant under an oral periodic tenancy. The period is determined by when you pay rent, so if you pay rent every first of each month, then you are a month-to-month tenant under an oral lease agreement. Your Landlord would have to give you written notice under that hypothetical situation during the first half of the month (technically, at least fifteen days before the beginning of the next period or first of the next month) in order...

    8 lawyers agreed with this answer

  4. How do you evict a person from my home?

    Answered about 1 year ago.

    1. Carol Lynne Zimmerly
    2. James Adrian Cueva
    3. Carin Manders Constantine
    3 lawyer answers

    If you have never required that your son pay rent, then he is not a tenant, but a house guest. You can file an eviction against a tenant, or an unlawful detainer against a house guest. To begin the unlawful detainer, write him a letter demanding that he leave immediately or at least by November 11th, 2013 at 9:00 AM. Demand that he turn over all keys and remotes. On November 11th, 2013 at 11:00 AM or on November 12th, 2013, you file the unlawful detainer action. I advise you to retain...

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  5. Can I be locked out of my motel rm if I paid money towards my rent? Over half of my rent?

    Answered almost 3 years ago.

    1. Carol Lynne Zimmerly
    2. John Addison Vos
    2 lawyer answers

    If you live in a motel/hotel room as your residence, the hotel/motel owner/operator has become a landlord (instead of just an innkeeper). The motel will have to follow the landlord laws of Florida and serve you a proper Pay or Quit Notice a/k/a Three Day Notice. You must be given three business days to pay the rent. On the fourth business day or after, the property owner can file an eviction in the courts. If the motel owner / operator locks you out of your room which is your residence,...

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  6. Can my roomate turn off the power to my room?

    Answered almost 3 years ago.

    1. Carol Lynne Zimmerly
    2. Robert Lawrence Todd
    3. Michael Nicholas Lygnos
    3 lawyer answers

    No, the roommate cannot turn off power to your room. Is the roommate the property owner or a fellow tenant? If the property owner turns off the power, you can demand triple rent for the amount of time that the utility is off.

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  7. I have a family member living in a home that I own in Tampa. I live in England. He has no lease and pays no rent.

    Answered 8 months ago.

    1. Carol Lynne Zimmerly
    2. Mark Theodore Tischhauser
    3. John Arthur Smitten
    4. Timothy Edward Kalamaros
    4 lawyer answers

    You need to hire an attorney to begin an unlawful detainer action. It is a county civil lawsuit similar to an eviction. The end result is the same as an eviction. You get a writ of possession that the sheriff's department uses to remove all people from the premises. Good luck!

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  8. Can I evict my in-law if she and my brother are not legally separated?

    Answered about 1 year ago.

    1. Carol Lynne Zimmerly
    2. William Charles Rosenfelt
    3. Ophelia Genarina Bernal-Mora
    3 lawyer answers

    Dear "Can I evict my SIL?": If your sister-in-law is supposed to pay rent, then she is a tenant. Whether you have a written lease agreement or a verbal rental agreement doesn't matter. If she is supposed to pay rent, then you will have to deliver notices to her and then begin your eviction lawsuit. You can send a non-payment Pay or Quit Notice or a violation of lease 7-day Cure or Lease Terminated Notice. If your sister-in-law is supposed to be there as a house guest until you revoke...

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  9. How do I evict "squatters" that are unauthorized relatives of my tenants?

    Answered almost 3 years ago.

    1. Carol Lynne Zimmerly
    2. Marshall C Deason Jr.
    3. Michael Nicholas Lygnos
    3 lawyer answers

    Do not turn off the water. You can be held liable for three times the rent for the length of time that the water (or any utility that you are responsible for) is off. Did you ever accept rent from the people who are living in the house now? Do you know their names? Did you ever get the keys or a letter turning over possession to you or your agent from the original named tenants? Do you have proof that the original named tenants abandoned the property and took up residence elsewhere?...

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  10. Writ of possession was issued. Does the day posted count in the 24 hours?

    Answered 11 months ago.

    1. Carol Lynne Zimmerly
    2. Michael Adam Haber
    3. Kevin H. Pate
    4. Christian K. Lassen II
    4 lawyer answers

    It is literally 24 hours from when the deputy sheriff posts it on the door to when he/she can come back with the owner/agent to kick you out of the property.

    7 lawyers agreed with this answer

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