A. Cody Emerson's Answers (350)

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With my mother-in-law, my wife, and myself on the deed, what do you think will happen to the asset of the home upon divorce?

A.'s answer | Answered on April 23, 2016

Upon divorce, because the home is likely a marital asset (if it was purchased during the marriage), you will need to have your mother-in-law added...

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How we do file a divorce in this case ? And what are the total costs involved.

A.'s answer | Answered on April 23, 2016

In order to file a divorce you would just need the proper documents filled out and the filing fee of $408. To have the summons issued and have the...

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What should i do?

A.'s answer | Answered on April 23, 2016

Florida Statute, §83.56 states that if your landlord fails to comply with a material provision of the lease within 7 days after you have provided...

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What is the law that states that air quality test needs to be done before removing mold?

A.'s answer | Answered on April 19, 2016

You would need to look to the Federal Regulations regarding air quality, which falls under the EPA's jurisdiction. I would contact a mold...

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Can I sue the person living in my home for rent/ have them evicted? Or sue my ex for equity in the property earned since 09/14?

A.'s answer | Answered on April 19, 2016

I agree with Attorney Gaffney. As both a family law attorney and landlord/tenant attorney, your battle is in the Family Law Court. You would need...

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Can I refuse to repair washer for tenant who is behind in rent?

A.'s answer | Answered on April 19, 2016

I completely agree with the answers stated above. First, it depends on what your lease states regarding the washer. Second, why take the chance on...

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Can I make tenants do/pay their own duplex unit maintenance?

A.'s answer | Answered on April 19, 2016

As I stated previously, I completely agree with my colleagues' answers above. The up front cost to have an attorney draft you a legal and binding...

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What can I do? I was just served a summons on 4/15 so how long do I have until they put me out? I have 1k out of 1.8k owed

A.'s answer | Answered on April 19, 2016

I agree with Attorney Klurfield. If you do not have the full amount of back rent owed, you will have at most 2-4 weeks before the Sheriff is...

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I have a landlord (my cousin) that will not give me a lease and now she is threatening me every other week now she just came out

A.'s answer | Answered on March 29, 2016

I agree with both attorney's answers above. Your cousin (as your landlord) cannot use self-help to evict you. If you have been paying rent on a...

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Do tenants have the right of possession of a rented property if the landlords accepted rent past the lease termination date?

A.'s answer | Answered on March 29, 2016

I agree with Attorney Klurfeld. If your month-to-month tenancy was from the 15th to the 15th of each month, the Landlord would have to give you 15...

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