Questions answered by Cristen Heather Martinez

Archived

Dismiss my case as a Plaintiff.

Cristen's answer | Answered on March 02, 2013

Yes, as a plaintiff, you can file a notice of voluntary dismissal at any time. Your attorney should be able to prepare and file this at minimal cost.

Archived

What recourse does a tenant have if she is forced to move by the Condo association management.

Cristen's answer | Answered on March 02, 2013

Courts have upheld a condo association's prerogative to limit the number of units that can be rented out. It may have something to do with such a...

Archived

The house I rent was starting to go into foreclosure and now my landlord has filed for bankruptcy what do I do as the tenant?

Cristen's answer | Answered on March 02, 2013

I suggest you continue paying your rent, as the property still belongs to your landlord until the foreclosure sale takes place. The Protecting...

Archived

In a wrongful eviction suite where the landlord locked out the tenant is it necessary to attach the lease with the complaint

Cristen's answer | Answered on February 26, 2013

I agree with my colleague. The cause of action is not technically based on the terms of the lease, however, the lease should have been attached as...

Archived

Motion to Dismiss Civil Lawsuit

Cristen's answer | Answered on February 26, 2013

Please provide additional facts so we can better advise you. If the newly filed lawsuit is based on the same facts, you may have an argument based...

Archived

Evicting a resident afrer foreclosure

Cristen's answer | Answered on February 26, 2013

You should familiarize yourself with the Protecting Tenants at Foreclosure Act. If you intend to use the property as your primary residence, you...

Archived

Can we get attorney's fees and costs?

Cristen's answer | Answered on February 22, 2013

Mr. Murillo is correct. The law in Florida is the same as the majority rule: each party pays his/her own attorneys' fees unless a statute or...

Archived

What are my rights if my landlord is in breach of contract and my lease is almost up?

Cristen's answer | Answered on February 22, 2013

If you would like to remain in the home, I suggest that your first step be to discuss the issues with your landlord and attempt to work things out...

Archived

Do I have any legal recourse to stop an eviction once the judge has ordered a writ of possession .

Cristen's answer | Answered on February 22, 2013

You can file an emergency motion to stay the writ of possession. You must act very quickly as it does not take long for the writ of possession to...

Archived

Is it possible to get emails into evidence to prove the adverse party is lying about correspondence etc. which never occurred?

Cristen's answer | Answered on February 22, 2013

I agree with Mr. Adams' response, however, you will also have to deal with potential hearsay issues. In order to advise you regarding whether the...

Cristen Heather Martinez's Answers (126)

Dismiss my case as a Plaintiff.

What recourse does a tenant have if she is forced to move by the Condo association management.

The house I rent was starting to go into foreclosure and now my landlord has filed for bankruptcy what do I do as the tenant?

In a wrongful eviction suite where the landlord locked out the tenant is it necessary to attach the lease with the complaint

Motion to Dismiss Civil Lawsuit

Evicting a resident afrer foreclosure

Can we get attorney's fees and costs?

What are my rights if my landlord is in breach of contract and my lease is almost up?

Do I have any legal recourse to stop an eviction once the judge has ordered a writ of possession .

Is it possible to get emails into evidence to prove the adverse party is lying about correspondence etc. which never occurred?