– The government under Florida Chapter 718 and also the Florida Administrative Code, they cover everything from formations, to rules and regulations, and to dissolutions.
What Should I do if My Landlord is Evicting Me?
– We first we have to find out why they’re evicting you. If they’re evicting you because you didn’t pay your rent, you got a problem, and you’re going to get evicted. Now if it’s for another reason then you have to see what it is. First, the landlord has duties to inform you. They give you a seven-day notice if it’s something for other than non-payment of rent and give you a chance to cure whatever it is. So again, you have to look back at your lease, find out the reason, and consult an attorney for help.
How Can I Break my Lease?
– First we need to know why you want to breach your lease. Generally it’s covered by Florida Statute 83.56. For example, if the landlord is not fixing the air conditioning, you can send them a letter. They have seven days in which to cure the problem and then if they don’t do it, you can break the lease.
Can My Landlord Raise my Rent If I do not Have a Signed Lease?
– If you don’t have a lease, you’re considered a month-to-month tenant, and therefore, it’s like getting a new lease every month. So yes, the landlord can raise your rent every month upon proper notice.
What are the Landlord’s Maintenance Responsibilities?
– Under Florida Statute 83.51, it’s very specific what the landlord is responsible for. They are responsible for things to make sure that there are no rodents, make sure that it’s safe, and to make sure that there’s electricity. There are certain responsibilities that they have. Also, you have to look at your lease agreement and see what is there that they’re responsible for.
What is the Fair Housing Act and does it Apply to Rentals?
– The Fair Housing Act applies to discrimination not only for rentals but also for sales and financing. It’s a federal law that protects against discrimination.
How Long Does a Landlord have to Return my Security Deposit?
– Under Chapter 83.49, it states that they have to return the deposit within fifteen days. If they’re making a claim on your deposit for any reason, they have to let you know in writing within thirty days.
Can my Lender Sell my Mortgage to Someone Else Without my Consent?
– Absolutely, and they probably will. The sale of mortgages is just like stocks and bonds. They’re traded and they’re sold. Also, the servicing has changed. Now, you’ve got to be careful because there are some scams out there. For example, if you take out your mortgage with ABC bank and then you get a letter from XYZ bank saying “We bought your mortgage. Start sending your payment to us”, don’t because of scams out there. And then you’ll send your check to XYZ bank, and then ABC bank will say that you’re late, you’ll tell them “I got a letter” and they’ll tell you that they never sold it. You first have to make sure that you got a letter from ABC bank saying that they sold it to XYZ bank.
What is the Truth in Lending Act?
– It’s a federal act that’s supposed to disclose to consumers the APR of your interest rate and other central terms, for example, whether there’s insurance required for your property or whether there’s a pre-payment penalty. Also one of the biggest features is if you’re involved in the refinance of your home, under the Truth in Lending Act, you have a three-day right of rescission that when you go in and sign for the loan, you’ve got three days to think about it. If you decide you don’t want the loan, you can cancel it. No obligation.
If I Escrow my Tax Payment and my Lender Failed to pay my Taxes, What Should I Do?
– The first thing you should do is call your lender and find out why they didn’t pay it. If people recall when they close on their property, they’re usually paying a fee, usually $75 or $100, to this company that’s supposed to monitor them to make sure they pay their taxes. Believe it or not, this rarely ever does happen because these monitoring services watch the banks. If they don’t pay your taxes, call the bank and find out. But always follow up in writing, send something in writing notifying them that the taxes were not paid, and then monitor it. You can go on their website to the tax collector’s office and it will show you when it was actually paid.
How is my Property Tax Determined?
– What happens is that the county’s tax appraiser appraises your property to find out what the value is. Then based on the value, the county commission, or whatever municipality you live in, sets a millage rate and based on whatever that rate is, they multiply it by the value to come up with your taxes. Every October, every homeowner gets what’s called a trim notice and that notice shows what your bill was last year, what it would be if they don’t increase the budget, and what the rate would be if they adopt the budget. Once you get those rates and they do adopt it, you have a certain amount of time that you can contest it and say “I don’t think this is right. I think the assessment is too high”. You have to watch those dates because they’re very strictly construed and sometimes they do make mistakes.
What is The Foreign Investment in Real Property Tax Act?
– Attorney Barry L. Miller discusses FIRPTA.
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– Attorney Barry L. Miller discusses Short Sales.
Probate in Florida with Attorney Barry L. Miller
– Has a loved one recently passed? Have you been left an inheritance but don’t know how to claim it? Well, then you may need to probate the estate.
Attorney Barry L. Miller: Contractual Considerations
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1031 Exchanges with Attorney Barry Miller
– Attorney Barry L. Miller discusses 1031 Tax Deferred Exchanges. Interested in a 1031 Exchange? Call us now for a free consultation, 407-423-1700.