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Tim Pribisco’s Answers

42 total

  • Can an 18 year old Egyptian citizen rent a house in Florida?

    Two flight students at St. Augustine Airport want to rent my house

    Tim’s Answer

    Yes. There is no law against a US citizen entering into a contract (i.e. Lease) with a foreign citizen.

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  • Can a rental community manager refer a delinquent rental agreement to an attorney after rent is only 13 days late?

    I have received a notice stating that if I do not drop a check off for the late rent including late fees today, November 13th, that the delinquent account will be sent to an attorney and we will be made to pay $460 in fees on top of what we alread...

    Tim’s Answer

    Your lease likely states and Chapter 83, Florida Statutes provides that a landlord can collect attorney fees for enforcing a breach of a lease term. Since paying your rent by the 5th is a term which you breached, the landlord can collect attorney fees, late fees, and rent for having to enfore your compliance with that provision. However, if he is trying to evict you from the premesis, there are notice provisions and other procedural requirements the labdlord must follow to evict and collect feea, costs, and back rent.

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  • Is this enough to present to the bank holding the loan if my ex resides in the home & I do not to have me removed from the loan

    In the final judgement of dissolution of marriage the judge stated "Each party shall retain all personal property currently in their possession and in their name, free from claim of the other party and pay all debts incurred by him/her and/or in ...

    Tim’s Answer

    If you signed the promissory note, then that would be a debt "in your own name." Regardless of whether you live in the property, your signature on the promissory note means you are obligated for the debt. However, if you only signed the mortgage you do not have any obligation to satisfy the debt.

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  • 83.58, Florida Statutes- tenant holds over and continues in possession of the dwelling unit

    Is section 83.58, Florida Statutes applicable when tenant is evicted for non-payment?

    Tim’s Answer

    If the tenant was evicted after a hold-over period, 83.58, Florida Statutes would apply as to your ability to collect double rent from the hold over tenant. Thus, your judgment for past due rent would include double rent for the holdover period.

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  • We (my husband, myself and 3 daughters) live in a townhome in the Tradition Community in Florida.

    We own a townhome that is attached to three other townhomes. We actually pay two HOA fees (one to our community & one to the main community). We have become infested with Rats and we have been trying to do what we can - we hired two pest control...

    Tim’s Answer

    An HOA has the obligation to ensure that the common areas are maintained. Common areas would include the "community square" as well as the space between the walls of the units. If the HOA is holding a meeting it would be a good idea for you and the other affected homeowners to attend and raise concerns. Because members of a homeowners’ association can enforce provisions of the covenants and restrictions (ie. maintenance of the common areas) through litigation, voicing a unified concern that is documented in the meeting's minutes will help your case if the association does not correct the issue to the extent it is responsible.

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  • What is the best way to handle junk debt collectors summons to appear at a pretrial conference?

    I got served today in connection with a credit card account that was originally owned by Bank of America. BofA wrote off the debt in Dec. of the year after we stopped making payments to Money Management International. We never got the money to r...

    Tim’s Answer

    From the facts presented, it is difficult to determine who owns the debt. However, in order to prevail in an action to collect a debt, the Plaintiff must prove it owns the debt.
    To answer the broad question of the best way to handle this situation: you should retain counsel and file an answer to the complaint. Failing to respond to a complaint waives your right to present defenses to the claims asserted against you. In collection cases, defenses such as failure to prove debt ownership, failure to provide requisite notices, and failure to adhere to consumer protection laws can help get the case dismissed or provide leverage in settling the lawsuit.

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  • Can my landlord put me out because i am 26 days late on my rent

    can my landlord put me out because im 26 days late on my rent

    Tim’s Answer

    Upon providing you proper notice, and assuming you have breached a lease provision (paying rent), a landlord can start eviction proceedings against you. If your landlord prevails in the eviction proceeding, the landlord will get possession of the unit, you will be "out," and the landlord can potentially collect unpaid rent, attorney fees, and costs from you.

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  • Can a bank joint bank account be garnished in Fl if the person who the debt is against doesnt work or contribute to the house?

    the wife has the debt but the collection company put a hold on their checking and saving accounts thru the bank . The husband has theonly income that pays all the bills

    Tim’s Answer

    There are exemptions which can protect the property (bank account) of a person who is not head of household. In most instances, the bank account of head of household is exempt from garnishment. However, unless the creditor does not meet certain notice requirements, or if certain exemptions do not apply, a non-head of household's bank account may be garnished.

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  • Can a apartment that i broke my lease with not rent the apartment and hold me reponsible untill the lease is up in april.

    i moved out 3 months ago and made a payment to the creditor that contacted me and told me once i made the payment i am not responsible for anything else and nothing will go onto my credit

    Tim’s Answer

    When a tenant breaches a lease by vacating prior to the expiration of the lease term, a landlord has three options, take control of the unit for the landlord’s own benefit and forgive the remaining rent, attempt to re-let the premises, but hold you liable for the amount of time the unit un leased within the original term, or do nothing and hold you liable each month when rent is due.
    If you signed a writing with the landlord after making a subsequent payment which limited the landlord's ability to hold you liable for the remaining unpaid rent, that would end your obligation.

    Otherwise, the landlord has the right to pursue you for the unpaid rent.

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  • With a foreclosure can they do anything to you besides ruin your credit?

    I can't pay my mortgage and would like the bank to take the house.It is under water

    Tim’s Answer

    Having a foreclosure judgment against you can do more than ruin your credit. A foreclosure judgment will result in a foreclosure sale of your property which could result in you being liable for the difference between the amount you owe and the sales price at a foreclosure sale. Additionally, if the property is your homestead the protection of the Mortgage Debt Relief Act (MDRA) will expire December 31, 2012. If the property is sold after the end of this year, you could be taxed upon the difference between the amount you owe and the sale price. It does not matter whether the sale is due to a foreclosure or short sale. A sale of non-homestead property this or next year could be a taxable event as the MDRA does not apply.

    An attorney experienced in foreclosure defense can provide valuable insight into the ways to avoid the negative consequences of foreclosure.

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