Should l wait before after hearing over, and if case going to trial to start serving other party with new evidence? And what is the Title of the form must be named to add new evidence into my complaint?
If you don't want to spend the money or can't afford to have an attorney represent you at trial, pay for an hour consult with an attorney to understand how to properly pursue your claim. You may find the consultation to be quite useful. The attorney should have trial experience.See question
I live next door to my landlord for the past 8 months. I have gone to 2 tenant eviction proceeding already, both of them tossed by the judge. I am heading to a third. He sends me vulgar and rude texts and letters constantly. I am never late on r...
If he files another eviction action you should consult an attorney and maybe the resulting attorneys fee award will cause him to reconsider his actions. Probably not. The next time he files eviction, call an eviction defense attorney and find out what your rights are.See question
I wish to sue an for business associate for breach of contract, negligent misrepresentation and tortious interference with business. However, I have been informed that the individual has not yet been discharged from her bankruptcy. Should/could I ...
You need to consult a bankruptcy attorney before suing this person. If the person's tortious actions arose prior to the filing of the bankruptcy petition, then you may not be able to sue at all. If you sue when the debt has been discharged in bankruptcy, then they can sue you for bankruptcy discharge violation and the bankruptcy court may order you to pay thousands of dollars to them.See question
I'm behind a little bit on my rent due to being ill, and couldn't work, which caused me to be behind on rent. I live in a motel currently.
Motels are generally subject to a different statute but if you can establish that the motel is your home, you may be entitled to three day notice and a subsequent eviction lawsuit for the motel to remove you from the property.See question
They had her on the phone for 20 minutes and want her to settle for a certain amount to be paid in 6 months and they said that it will be taken from her pay. Is this legal? I thought you could not be called at your work place and the only way you ...
Your daughter should consult an attorney for a consultation to determine her rights regarding that specific debt and the collector. If the original creditor is the one contacting her, then they are not likely to be governed by the FDCPA ( federal Fair Debt Collection Practices Act) but they could still be governed by the Florida Consumer Collection Practices Act. An attorney can discuss her experience to determine if they have violated either Act and if she has a claim against the collector.See question
Judge told me he had read my motion to disqualify her as his lawyer but would not disqualify her from this case? My only option now I guess is the Florida Bar, is that correct? Why would he allow her to be both when its totally against code of eth...
Your question is not clear. Are you trying to have your own attorney disqualified from representing you? Are you trying to have the judge recused from hearing your case?See question
The tenant did not pay last 2 months rent to new owner. Although he states that he did in a small claims court paper. He did not pay us(the owner) or the new owner for 2 months. Can he sue us for what amounts to the same for security and last mont...
If I understand your question, you (Landlord) owned a house and leased it to Tenant. When the lease had two months remaining, the property was sold at a foreclosure sale and the Purchaser allowed the Tenant to stay through the end of the lease. Tenant did not pay rent to Purchaser for the two months.
Can Tenant sue Landlord for the advance rent (last month rent) and security deposit? Tenant has some claims that they may assert. Landlord should have returned the security deposit or provided statutory notice claiming the security deposit. Landlord's entitlement to rent ended when the property was sold and a certificate of title was issued. If Tenant paid Landlord rent for every month up to the sale, Landlord owes Tenant the security deposit and advance rent. Quite likely, Tenant can sue for the deposit and also recover attorney's fees.
Tenant's obligation to Purchaser is unrelated to Landlord's duty to Tenant.See question
I purchased title insurance on a foreclosed auction home 6/13. They affirmed that their was no liens or emcumbrances on this home. On 7/14 I inadvertantly opened a local attorney's flyer that stated my home was being foreclosed on 8/5/14! I contac...
I think the other attorneys answered your question and I write to suggest that you consult an attorney regarding the possibility of a negligence claim against the title insurance underwriter or the party that conducted your title search.See question
Residential lease expired on 5/31/2014. We have remained in the home with the mutual agreement of the parties (new lease signed, but never notarized or returned) and have paid base rent in good faith and on time. Recently gave more than 30 days'...
The landlord's claim for holdover rent will depend on the statute and the terms of the lease agreement. Generally speaking, the right to holdover rent is available if the tenant stays in the property without the landlord's permission and the landlord provided notice that they would be claiming holdover rent which can be twice the normal rent.
It seems that you are not a holdover but I need more information.
The Florida statute on holdover is sec 83.58, a link to the statute is included below.See question
I own my mobile home but rent lot from park. We have an oral lease and for past six years in the summer when my husband gets laid off we pay late but always pay half each unemployment check. The park reads our water meters and charges us water. Fo...
1. If they did not provide a three day notice, you have to be able to convince a judge that you never received the notice.
2. Depending on the size of the mobile home park, you probably fall under the Florida Mobile Home Act and not the landlord tenant act. Under chapter 723, Fla Stat, you are supposed to get a five day notice delivered by certified mail, not a three day notice.
3. You may be able to argue that the historical acceptance of bi-monthly payments during the summer months may allow you to continue that payment manner without penalty. There is no guarantee that a judge will accept that argument but it is possible.
You need an attorney experienced in mobile home eviction defense. There are some that will accept such cases on a contingency basis. Call or email attorneys for a free consultation. My answer above is general and I need to see the actual documents to provide an answer specific to your case.See question