my tenant is a nuisance to others in the household. He has a violent attitude whereby police has been called due to family quarrel. He pays on time, but his attitude is horrible. please advise how to go about giving him proper notice to vacate...
Keep note that the 15-day period is before the end of the rental period, not just get out in 15 days. So, if rent is due on the 1st, it is too late to give notice to end the lease in September and you would give notice that the tenancy's last day will be October 31, 2016. If rent is due on the 15th day of the month, then you still have time to timely serve the notice if you do that this week.
If the tenant does not move out by the last day of the rental month, you can file for eviction. Eviction is not just used when there is failure to pay rent; it is used when the tenant no longer has the right to stay in the premises.See question
And to supplement my out-of-state colleagues' answers--in Florida, a deficiency judgment can be obtained if the property is foreclosed and sold for less than what was owed. The reaffirmation of the mortgage debt could result in a deficiency judgment down the road if life takes a turn for the worst.See question
I have only owned my home for 2 yrs and barely have any equity.
This answer is directed strictly to whether you should claim the homestead exemption, not whether you should or should not reaffirm the mortgage debt.
ABSOLUTELY claim the exemption. Your failure to do so could result in your being out of the house. Why, if you are current in the payments? Here in the Southern District of Florida where you live, there are "investors" who review the filings and if the homestead exemption is not claimed they will offer money to the Trustee. Without the exemption, the Trustees will take the money, sometimes $5k-$10k, and order the home owner out of the property. The investors will do this even when there is little or no equity in the property because they think they can renegotiate the loan terms with the mortgage holder, or sell on a short-sale basis, all the while charging rent.
There ARE times when not claiming the homestead exemption can be helpful--if there are valuable assets that exceed the $1,000.00 personal property exemption of Article X Section 4 of the Florida Constitution, then when not taking the homestead exemption each filer can claim an additional $4,000.00 of personal property to be exempt. Section 222.25(4) Florida Statutes. It can be a gamble regarding the home, but less of a gamble if the property is deeply "underwater", or in foreclosure, as the "investors" are less likely to pursue. But not always.
I am changing your category to Chapter 7 bankruptcy from Chapter 13.See question
Renting building with 10 year lease.
Orfinarily, forming a corporation or a limited liability company will protect personal assets. One must be careful, asmy colleague indicated, not to comingle personal and corporate/LLC assets. Also, one must be careful to comply with all of the formalities required by the statutes.
In addition, one must be careful not to commit fraud because forming a corporation or LLC with the intent to commit fraud is one of the bases to pierce the corporate veil/protectionSee question
Post divorce active case Other party is asking Standard request of production/discovery (# 13). My understanding (wording) it appears that it is asking for three months of credit credit statements but received s call back from other party lawyer...
Mandatory disclosure which is required by Rule 12.285 Family Law Rules of Procedure require 3 months' credit card statements. If there is to be any deviation, then a written, not verbal, request is required.
There is no "standard" request for production. There ARE standard interrogatories, which are questions to be answered in writing, and documents can be submitted as opposed to writing down all the information. Even then, the request should be in writing.
By the way, asking for 12 months' is not unreasonable, it is just the manner by which the request is made is off base. Even then, not "wrong". Not according to the rules of procedure, but the other attorney may be trying to keep things informal and therefore less expense for their client.See question
I am in the process of paying off a judgment, but I was curios to know if this “paid” judgment will stay on my credit report for the next 7 years as paid or will the paid judgment be removed from my credit report within a few months? The judgment ...
It is even worse than you thought. Not only does the judgment stay on the credit report, but it is for 10 years not just 7. The creditor should report the account as being -0-, but the judgment itself having been entered stays. The creditors do not report.t judgments to the bureaus; the bureaus obtain the records from the clerks. That a judgment was entered is considered to be a worthy of reporting.See question
Minority owner of my company died. His son wants access to all files and bank statements. Partner didn't have a will. I don't want to hand anything over without being 100% that hes entitled to it. My street smarts say he would need to have som...
Unless an estate has been opened and the son appointed personal representative of the estate, you are not required to produce any documents. Lawyer showing up unannounced? Call cops to have him/her escorted off the premises.
Statutes? Good, The son and his lawyer should follow the statutes and do what it takes to put the son in a position to have the legal right to request documents.See question
I Just filed a chapter 7 I'm behind on the car payments but don't want to surrender the car. Can I put the payments on hold for a short time then pick them back up. I listed the car as a secured asset and the creditor on the bankruptcy forms. Does...
The chapter 7 will stop collection actions--but only temporarily. If you are not caught up, when the BKC is over, the creditor will still be entitled to repo the car.
Consider converting your case to a Chapter 13 case--where you can take up to 5 years to catch up on the arrears, but at the same time you must make the regular payments as well.See question
Lost job 2x for 4+ mos unempl. each time. I'm retired and live on limited ss income. Now work 29 hrs wk. p/t but still limited income. Cant file bnk'ruptcy, dont have $1500 to pay atty to process. Tried debt consolidation but as I lose 2 jobs, cou...
Perhaps you consult with an attorney, paying for an hour of time to get the lowdown on the process and what you should be listing and how, then use a bankruptcy petition preparer [independent paralegal] to use the information the attorney gave you to prepare the paperwork.
Paralegals can not give legal advise but using the legal advise of the attorney may help.
Paralegals can not represent you in court, either.
Point is--do not write off bankruptcy as an option. As one of my colleagues wrote, you can file a BKC even after a final judgment is entered, so it is just a matter of time your getting some $ together and getting the BKC filed.See question
I refinanced my house and part of my proceeds has been dedicated to HSBC in a form of a check. I want to pay it off. Need there information to forward.
Another method to paying off the judgment is to pay the judgment and accrued interest to the Clerk of the Court in the court which issued the judgment. The Clerk will prepare a satisfaction of judgment and record it so long as you pay the recording fee.See question