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Preston Hall Oughton

Preston Oughton’s Answers

137 total


  • We rent and the manager ,won't fix our dining room light/ceiling fan.

    they said we should buy our own ceiling fan and take it with us when we move

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what repairs the landlord is responsible for making and what happens when the landlord does not make those repairs. Generally, landlords are require make repairs requested by the tenant, but those requests must be made in writing. I recommend you make a written request and then talk with an attorney about your situation if the landlord still does not comply.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Rights of renters w/o written lease during a management change.

    Our rental community is being turned over to a management company due to the ill health of the owner. However, none of us have a written lease. Can we be evicted out right? What time frame do we have to move if rent is increased? Basically if the...

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline the term of the lease. Without a lease agreement, then you will likely be considered a month-to-month tenant. In which case, you must be provided 15 days notice prior to termination of the tenancy.

    I recommend you speak with the "management company" before taking any rash actions to move out or stop paying rent. They may be interested in keeping you as a tenant and would be willing to do so at the rent you are paying now.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • I signed a lease with someone who now does not own the house.

    I have been paying rent faithfully for a year to my landlord. She and her father were 1/2 owners of this property. They have since had a falling out and he somehow took over the property. What are my options here??

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline the relationship between you and your landlord. If she had ownership in the property at the time of the lease, then you took possession based on her ownership at that time.

    I recommend you speak with the "father" before taking any rash actions to move out or stop paying rent.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • I need a real estate attorney

    I revived a notice of intent to foreclose on 1 / 08 it has been 5 years and they have not started the foreclosure posses , does this violate the 5 year statute of limitations and can i get my house back

    Preston’s Answer

    If the notice of intent to foreclose is related to a mortgage or assessments, then no. Mortgage and assessment payments are a continuing obligation and while the 5 year statute of limitation dates back to the date of the breach, each missed payment is a breach.

    If it has been five years, then you may consider waiting two more and seek legal advice on an action to quiet title based on adverse possession.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • Foreclosure conciliation VS mediation. Which is a better option?

    I have a case pending and would like to know what is the difference between the two and which is more appropriate in a foreclosure case.

    Preston’s Answer

    Foreclosure is a judicial process and can include a mediation. Foreclosure conciliation is similar, but can take place inside or outside of the judicial process. Foreclosure conciliation does not have the same rules and standards that a mediation does and there is no mediator. If you are in foreclosure and are not represented by an attorney, I recommend that you consult an attorney to better understand the process and protect your legal rights.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton http://www.oughtonlaw.com/ (904) 854-6336.

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  • I would like to lower a writ for garnishing my wages since I can not afford the 25% each paycheck.

    When I was unemployed this was the only credit card that would not work with me, now they have filed a suit and won. I did not sign any notice for allowing them to garnish my wages, I am willing to pay, but I need to have it lowered. I have the p...

    Preston’s Answer

    Generally, your declaration of 1/2 of support for household and less than $750 per paycheck will provide you the relief you seek. I recommend you talk with an attorney about your situation.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • My landlord told me after living here for months that Cholera was in my water. i want to move but he won't give the dep back.

    i moved in this place in Feb 2012. My rental is attached to a well that provides water for 2 houses. 2 days after I paid my rent he told me Cholera was in the water. I think this explains why i now have $4000 in er bills. I have had bronchitis for...

    Preston’s Answer

    I agree with my colleagues. Talk to an attorney about the termination of the lease and reimbursement of your resulting medical conditions. I would also strongly advise you to stop using the water in your home. Your body absorbs almost 2/3 of the water from showers and baths, so just not drinking the water may not fix your medical condition.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • We have lived in an apt complex for 4 years. Now the complex wants us to move to another apt. in the same complex.

    The complex is unwilling to pay for this move. My husband is disabled, we have no family in the state to help us, and I can't either afford to move, or move myself. This is going to be a great hardship on us. Can they make us move, and should...

    Preston’s Answer

    • Selected as best answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline what happens when the landlord needs the tenant to relocate. Generally, landlords are not allowed to require tenants to move to another location, but it may be that the landlord would be willing to work out a deal to cover the cost of movers. I recommend you talk with an attorney about your situation.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • I received a 3 day notice from my landlord on monday and tuesday my lights were shut off.can I still get evicted?

    I was never served with a court document telling me to leave just his word what can I do/

    Preston’s Answer

    The Lease will govern the relationship between the landlord and tenant. Most lease agreements will outline when rent is paid and who is responsible for utilities. Generally, landlords are not allowed to engage in self-help evictions. I recommend you talk with an attorney about your situation and when the eviction is filed, take my colleagues advice to put the rent money owed in the court registry.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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  • I live in Florida. I had my home refinanced 5 years ago. It was one of those pick a payment loans. I was PRN on my job, but

    they accepted my job status and paystubs. (I am the only one on this loan.) They also told me I had to include all my credit cards, including my zero interest cards. I did not agree with this, but the next payment on my current mortgage was due...

    Preston’s Answer

    The Mortgage will govern the relationship between the lender and borrower. Mortgages will outline the interest rate and when interest rates will increase. Generally, borrowers are stuck with the mortgages they sign, execpt when the lender engaged in predatory lender practices or fraud to convince the borrower to take out the loan. I recommend you talk with an attorney about the value of your property and perform a investigation of your mortgage for these predatory lending practices. There are several possible solutions to your problem. Do not give up trying to find one.

    This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.

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