Rent due on 1st but tenants always pay late. I told them many times that late fee is due if rent is not paid by 4th. I have waived the late fee 3x. This time they agreed to pay the late fee on May 8 by depositing it in my bank account. They ar...
The better way to handle these situations is to send the 3-Day Notice to someone you know near the tenants and have it hand delivered or posted on the premises. When you mail the 3-Day Notice, Florida Law requires that you add 5 more days to the time period before it is considered served. Your pay/vacate date falls 1 day short of the cummulative time period. Therefore, you most likely have a defective notice anyway. Furthermore, Florida Law is specific on the minimum language that needs to be in the Notice. A proper 3-Day Notice is a requirement in order to evict a residential tenant. Unless you have designated late fees as "rent" in your lease, the only amounts you can demand is rent in the 3-Day Notice. This does not mean you can't go after late fees in the complaint. Florida Law just states that the 3-Day Notice is for "rent" due by the tenant. My advice is to just hire a local attorney in the Kissimmee area to have this done properly. They can make sure the notice is proper and hand delivered to the premises. This way, you avoid the extra days by mailing a notice.See question
is it illegal to rent out your apartment that's in foreclosure in florida?
In addition to the answer already provided, you should also understand that the foreclosure process can take a little time to complete from start to finish. If you hire a good foreclosure defense attorney, the time period could drag out even farther. If there are violations found by the bank that filed the foreclosure, the action may even be dismissed. Therefore, you have time to collect rent and try to negotiate your loan with the bank to see if you can keep the property.See question
Hello Tenant hasn't paid full rent since prior to Oct 09. 1. 3-day defective notice filed. 2. Voluntarily dismissed defective notice 3. Filed month to month termination notice, gave 30-notice (actually approx 45 days) lease-CA but in FL 4. Ju...
First confirm that bankruptcy was actually filed. How did you learn of the bankruptcy? I've run into situations where a debtor/tenant claims they have or are about to file, but never do. Next, if the tenant did file, you should contact the bankruptcy trustee and ask whether they will affirm lease. U.S. bankruptcy law requires the trustee to affirm the lease once notified within a certain time period. Basically, the tenant can't continue to reside rent free. The same goes for a mortgagor in a bankruptcy action. Bankruptcy is a very laid back area of law and you will find the bankruptcy trustee to be more than cooperative once they become aware of the situation. You should file a Proof of Claim on the rental arrears owed to you.See question
Paid rent plus late fees same day eviction was posted. Do I as tenant who still rents from landlord required to pay this notice charges. They say yes, I say no. Rent is current. Also pay every 2 weeks rent and am charged separate billing for water...
Does your lease categorize the late fees and other charges as "additional rent." If so, the amounts owed fall under the provisions of Chapter 83 of the Florida Statutes as it pertains to the 3-Day notice to pay rent. Generally, if a notice to pay rent is hand delivered or posted on your residence, you only pay what is on the notice within the 3-day period (excluding holidays and weekends). If your lease does not categorize the late charges and water fees as "additional rent", the landlord should apply the funds you give them towards rent first. This doesn't mean you are free from paying the other charges, but it would stop the late fees.
Has an action been filed against you yet with the court? I would advise you seek the advice of local counsel to look at your lease and factual situation.See question
Our landlord changed the lock to the mail box and has not given us the new key. Did not let us know.
First off...have you contacted the Landlord to find out why the lock was changed? You state that a new key has not been given to you yet, but do not go into any additional detail why that may be the case. I'm a Florida attorney, but I expect the general rule is the same for most states; even CA. If you are in an existing lease with the Landlord, the lock can't be changed unless there is a good reason for doing so. I've run into situations where the Landlord believes the mailboxes have been compromised and requests that the locks be changed on all or a select group of boxes.
First, you need to assess what exactly has happened. If the Landlord changed the lock and you are owing rent, the Landlord might be in violation for changing the lock without proper notice. As I mentioned before, I'm not a California attorney and there may be provisions in the Landlord/Tenant statutes for CA that cover this action. If you don't receive a satisfactory response from your Landlord or an attorney on this website, you should seek local legal counsel to review the situation.See question
what do i do? when i got the first set she told me that it was nothing just a mix up with paperwork. then in sept. when i spoke with her about more papers she told me it was none of my business just pay her, her money.
When does your current lease expire? If you are getting close to the end, you might as well start making arrangements to move. There is a big difference in being in the foreclosure process and actually being foreclosed on. A lot of times banks like to use the term "in foreclosure", but that is not the same as it being sent to an attorney's office to file a foreclosure proceeding.See question
I live in Fl . I moved in my duplex two months ago. After I moved in I foundout that the duplex I share the building with has been abanded for three years with the windows/dorrs nailed open. I am currently getting the creatures crawling to my plac...
You need to look at your lease to determine what the landlord can hold you to. Of course, the landlord has the option of getting you moved at their expense. If you are not satisfied with that option, you would still have a good case to terminate the lease. I assume you provided written notice to the landlord about the matter. Look at Florida Statute 83.51 and 83.56. Those statutes are directly on point for the situation you are facing.See question
office hours even though we have keys to these rooms. There are tenant rules inside of 1 of the gym that states 1 thing by the company but is changed by the manager. Now tenants can't sit in the lobby after the office closes on weekdays after 6pm ...
You should have been presented with some sort of Rules and Regulations document to sign at the time you executed the lease. The manager would be bound by the terms within that document. If it differs from the practices that management is imposing, you could serve a notice just like a landlord/management can do on you to cure the issue within 7 days. However, that would only start an adversarial position between you and management. Instead, does management have any monthly meetings where tenants attend? If not, schedule a meeting with management yourself and find out what the explaination for the restricted hours. If you don't get a satisfactory result from that meeting, write a letter to the company that owns the property and see if you can get better results.See question
I'm the primary driver on the insurance. I was wondering if there is some way out of paying this. I was going 46 in a 35. I thought the speed limit was 45. I haven't ever recieved a photo radar ticket before or a speeding ticket within the las...
I would not ignore the ticket. You stated yourself that you are the primary driver on the insurance. If you ignore it, the people to be served will most likely be your parents. I doubt they would appreciate that. Then they would have to take time out of their schedule to convince a court that they were not in fact driving at the time.
If you honestly believe that the posted speed limit was 45, you can always contest the matter in court. However, it is best to either pay the fine or request a hearing and plead no contest and for the court to withhold adjudication. You will still most likely need to pay the fine, but you can escape points. At least that's how it is done in FL. You may want to confirm with an AZ attorney.See question
I intend to prove that my brother in law faked a living trust and murdered my mother and then went on to steal the entire estate including putting the house in his name and taking out $160,000.00 loan on it. Now he is trying to sell it at half of...
You need to hire an attorney that handles contesting of probate matters. You have 2 separate issues going on here. One is the allegation that your brother murdered your mother. That is a criminal act and should be investigated if true. As for the faking of the trust, are you trying to imply that your brother inserted himself as the trustee and executor of your mother's estate? Was there a prior will or trust in place before the one you speak of now? Has the will been probated yet or were all assets in the name of the trust upon the death of your mother?
If the probate is still pending, you need to file a caveat (i.e., objection to the probate). This should be done with the help of an attorney familiar with such actions. The person could then be removed as the executor if you are able to prove the allegations made and the court would appoint a new executor. Normally, that decision is first looked at from the remaining beneficiaries. If a consensus can't be reached on who would take over the affairs, then the court could appoint its own executor. That is not the preferred option since it could cost the estate a lot.See question