i have a tenant and she has been evicted i am trying to reposses her vehicle but i discovered she has rented under an alias. i have her license plate number. what action should be filed and to what agency to relinquish this information?
First, take a step back and determine if the time and hassel of tracking down your former tenant is worth the effort. If you feel it is, you may try your luck by contacting the Department of Motor Vehicles and requesting information on the license plate number. With that said, even if you discover who she is, where she lives, etc., you will need to sue her for the rent owed If you get a judgment (and I presume she does not have any liquid assets), seizing her vehicle to satisfy the judgment is a cumbersome and potentially expensive endeavor which much be coordinated with the sheriff's office. Last I checked, the Broward Sheriff's Office charged $900.00 to seize and coordinate the auction of a vehcile. I am sure it is similar in Dade. Once seized, the vehicle is auctioned and any proceeds are used to satisfy the existing car lien, costs, etc. As such, you may not even get a dime. If the car is leased, all bets are off.See question
I have some fines from the HOA which I have been challanging for months now and they will not work with me... Anyhow, HOA is threatening to go after the tenant to have him pay the rent to the HOA under Fl statue 718.116.. I have read the statue cl...
The answer is YES. 718.116(11)(a) states in part the following:
If the unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the association, the association may make a written demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all monetary obligations of the unit owner related to the unit have been paid in full to the association. The tenant must pay the monetary obligations to the association until the association releases the tenant or the tenant discontinues tenancy in the unit.
The above statute does not limit such rights to just assessments but to any monetary obligation.
Your attorneys advice, without knowing more, seems sound. By paying the amount "under protest" you potentially reserve the right to challenge the issue at a later date. Allowing the association to make the first step takes away your control to address the issue on your terms.See question
I have signed a contract with a roofer. After he left, I figured that he did not sign the contract. Is that contract valid even if he do not sign on it?
Each state's laws may differ on specific contractual issues. As such, I will attempt to answer giving you general legal advice. In many circumstances, a written agreement may be enforced even if not signed by one of the parties. This is especially true if one of the parties did something in furtherance of honoring the contract. For example, if the roofer did not sign the agreement but went out to buy supplies (thus showing his intent to honor the agreement) a court could and most likely will be willing to enforce it. It is not uncommon for parties to forget to sign an agreement. Likewise, if the roofer does the work and you do not pay him, a court will not allow you to benefit from such a procedural/technical error. With that said, Kansas could (though I doubt it) have a law on the books that would require such construction contracts to be signed. As it stands, the contract is likely valid and you should not have any significant worries. When he comes back, remind him to sign it. I hope this information helps. Also, to be extra cautious, and I tell my clients this, please independently confirm that your roofer is licensed and insured. Many states have a Construction Industry Licensing Board that keeps such information. Good Luck!See question
I am the defendant in a small claims case. I am in the process of retaining an attorney but would like to have time to meet with my attorney after my son has recovered. The adjournment would move the date I assume to March which allows me to pla...
Each state's laws and procedures differ and thus I will attempt to answer. If you choose to represent yourself, which I do not recommend, you should immediately file with the clerk of court and the judge a "Motion for Continuance and Change of Venue". Explain in the motion your need for a continuance. Also explain why venue should be changed. Sign the motion and send a copy to the opposing party. Call the Judge's assistant to see if said motion needs to be set for hearing. If so, get a date and time for hearing and send a "notice of hearing" to the opposing side. Make sure the notice is also sent to the clerk and the judge. Please keep in mind that a continuance will likely be easier to get than a change of venue. Before doing any of this, you may wish to ask the clerk of court if there are any forms she can provide. Some clerk offices do provide forms to pro se litigants. The clerk cannot give you legal advice. Ideally, you should hire an attorney but the above will at least let you get started. Good Luck.See question
I live in a condo complex in Louisiana. I purchased my condo 5 years ago and married my husband one year ago. He owns a company that requires him to utilize a trailer as a part of his job. Our complex has multiple parking spaces available. My ...
In sum, if in fact the Association has a valid covenant or rule prohibiting the parking of trailers, and the Association is choosing to enforce the rule against your husband but not the others it sounds like it would be selective enforcement. Though such enforcement is wrong and could serve as a cause of action or defense, you must determine if you wish to fight that battle. Going against the Association, irrespective if you are right or wrong, can and will cost time and money. With that said, if you wish to fight the issue I would send a letter to the Board and management by certified mail return receipt requested asking formal permission to park the trailer in light of the other owner's perceived right. If they deny such a request, you will likely need an attorney to better advise you on your next step. Until that happens I would, in order to stop additional fines from accruing, remove the trailer and park elsewhere. Good Luck.See question
I bought a house out of foreclosure in Gwinnett county Georgia. The house was in very rough shape and had no landscaping other than weeds and grown up trees/bushes. Upon moving in, I killed the weeds in the front yard and planted Fescue. After 9 m...
I will attempt to answer you question. Though I do a significant amount of community association law, each state's laws can be a little different. Typically, when you buy a home, you take it with all the benefits and burdens. By this I mean that if the home was in violation prior to your purchase, you as the new owner would be responsible for rectifying any new or existing violations. When doing work outside your home, it is important to check your Declaration of Restrictions and rules and regulations to see if you must first obtain, in writing, the HOA's approval for what you wish to do. This would include planting trees and other vegetation.
At this point, you can comply with the HOA's demands and replant the grass and move the satellite dish. That would be the easiest solution. If you do not, the HOA can sue you which creates new problems and expenses.
If you wish to fight the issue you must determine if you are a victim of selective enforcement. This means that the HOA is enforcing rules against you but not others. You must also determine if in fact there is a written rule on these issues. Sometimes board members like to invent rules that do not formally exist. Also note that under Federal law, an owner may install a satellite dish in an area under their exclusive use and control. The HOA may designate specific areas for your dish but that area must be readily accessible, not cause unjust excessive costs or delay to install and most importantly, provide you the needed satellite signal. I would suggest you go onto the FCC website and review their guidelines on Over the Air Receptive Devises. If you plan to fight the issue I highly suggest you hire local counsel who is well verses in HOA laws. Good Luck!See question
I was guaranteed a job no matter what happened. A layoff came and i got laid off. the other employee that had the same agreement is still working. There was two witnesses at this meeting. myself, the other employee and the owner. we made an agr...
I will attempt to answer your question subject to the fact that your state laws may differ from where I am located. Typically, a contract that specifically is meant to last more than one year must be in writing. If you contract was "for life", that can mean 20 days, 20 months or 20 years. I think you get the idea. With that said, presuming there was no discussion about the actual length of the contract, you may have a good argument that the agreement was enforceable. In addition, if you left your old job to come work for someone else, and that person enticed you to move jobs with a promise of a job, you may also have a cause of action under various equitable theories of recovery. One thing that you should realize: if you were let go "for cause", meaning you did something wrong, all bets would likely be off.
Either way, employment law, which is governed by federal and state laws, can be very complicated and your question should be answered by an attorney who practices in the area of employment law in your state. This is not the type of case to "go it alone". Good Luck!
They are questioning my original non notorized list-I had some property damage that they are questioning, and they are questioning all the theft items. I am not changing the fact that all these items were legitimate, I just don't want any long dra...
In my experience, insurance companies like receipts to establish not only the existence of an alleged item of theft, but value. If you do not have a receipt (which is not uncommon because I too lose receipts) you may wish to submit an affidavit attesting to the items stolen. In addition, If you have personal photos of the items, that too can be attached to the affidavit to at least prove they existed. Good luck!See question
Landlord Tenant case. Month to month oral lease. Tenant gave 45-day notice, cleaned apartment, returned the keys, and moved out. Landlord holds a $500 deposit. Tenant has cancelled checks showing rent was paid in full. After the move out, Landlord...
Based upon the above scenario, the landlord appears to be claiming that he or she did not know you abandoned/surrendered the unit, thus necessitating an eviction. This seems silly if you returned the keys. If in fact you provided 45 days written notice and paid your rent up to the point of departure, the only way the landlord can keep your deposit is if you caused damage to the unit. Under Chapter 83, the landlord must send you notice within 30 days after your departure that he/she intends to impose a claim against the security. If no such notice is sent, you could be entitled to your full deposit. If such notice was received, you have 15 days to object. Thereafter, the court will need to decide as either of you have a right to file suit to litigate that issue. The prevailing party may be awarded their attorneys fees.
As for the motion to dismiss, you are not entitled to such a hearing. What you should have filed, if you believe you were not properly served, was a motion to quash service which would entitle you to a hearing. As it appears such right was waived by your appearance and filing of a motion to dismiss, you should respond to the lawsuit and provide defenses. You need to allege "payment" as a defense and ask for a hearing by way of separate motion on their request to deposit money in the court registry. I strongly suggest you hire an attorney as this can get somewhat complicated and as the landlord is seeking damages, the last thing you want is a money judgment recorded against you. Good luck.See question
Recently, i gave a per chance landlord a security deposit for a home,Although there wasn't any documents signed or a lease stating a refund if I decided not to move in. I found another place to rent to fit my budget I contacted the per chance l...
A security deposit is typically given to ensure that you will comply with the lease and/or pay for damages to a unit once you vacate the premises. Pursuant to section 83.49, Fla. Stat., if a landlord intends to make a claim for the security deposit, he or she must give you written notice within 30 days. If the landlord fails to give such notice, he or she forfeits the right to said deposit. If you receive such notice, you have 15 days to object. If the money is still not returned, you can sue. The prevailing party is entitled to an award of their fees and costs so please be sure you are on solid ground or you can wind up paying the landlord's attorneys fees. Also note that In order for the landlord to give you notice as described above, he/she must have your current address. Be sure to provide it if you have not already.
If your deposit was meant to be something else (e.g. to hold your apartment and take it off the rental market) it is possible that the landlord could keep your deposit depending upon what was discussed, how long the unit was kept off the market, etc. More facts would be needed in this regard. Good luck and please, in the future, do everything in writing!See question