Tag: Real Estate Law

Residential Evictions | Port Richey Real Estate Attorney

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Port Richey Real Estate Attorney Talks Residential Evictions

Florida statutes Chapter 83 Part II governs residential evictions. The first step of an eviction is where the landlord is required to serve a 3 day notice and post the notice at the property.

After 3 days, which does not include weekends or holidays, a landlord may proceed with an eviction action to regain possession. If the landlord also wants a money judgment in addition to possession, a landlord is required to have an additional count in their complaint for money damages. Once a complaint has been filed against the tenant, the tenant has 5 days to either 1. Place the rent money disputed in the complaint into the court registry; or 2. If there is a dispute over how much is owed, file a Motion to Determine Rent.

A Motion to Determine Rent is generally for the situation in which the tenant thinks they are supposed to pay y, but the landlord thinks the tenant is supposed to pay x; and therefore there is uncertainty as to the amount of monthly rent due. In the event the tenant does not either file a Motion to Determine Rent OR place the money in the court registry within 5 days, the tenant WAIVES ALL DEFENSES. Therefore, if there is a dispute that the landlord was required to fix something on the property but didn’t and therefore the tenant withheld rent, that is a defense that is absolutely waived unless the full amount alleged, or Blackjack on ainut kasinopeli , jossa on muuttuvat todennakoisyydet, jotka riippuvat korttipakan sisallosta. as determined by the Court, is placed in the court registry.

Author:  Kris Hudson – Attorney with Booth & Cook, P.A

Attorney Kris Hudson

Note: The information contained herein is for informational purposes only as a service to the public, and does not constitute legal advice or act as a substitute for legal counsel. If you have any questions or have a situation pertaining to this area of law, consult with an attorney as every case is different. The information contained herein should not be relied on as a substitute for counsel and may or may not reflect the most current legal developments and is therefore not promised or guaranteed to be correct or complete.

Topic:  Residential Evictions – Port Richey Real Estate Attorney

Port Richey Real Estate – No Good Deed Goes Unpunished

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Instead of No good deed goes unpunished, the saying should be: “No bad deed goes unpunished.”
Good deeds convey real property correctly; while bad deeds put clients in predicaments that often times have negative, unforeseen consequences.

What type of interest are you receiving?

–        “John Doe and Jane Doe, husband and wife” – tenancy by the entireties. In the event John Doe dies, Jane Doe, his wife, would receive 100% interest in the property upon the recording of John Doe’s death certificate.

–         “John Doe and Jane Doe” – tenants in common – without “husband and wife” or “joint tenants with rights of survivorship” subsequent to their names, it is presumed John and Jane Doe are taking title as tenants in common. In the event Jane Doe died, Jane Doe’s interest would NOT automatically go to John Smith and vice jameshallison casino versa. In order for Jane Doe’s half to be conveyed to anyone, an estate would have to be opened and the property would have to be probated. The property would ultimately go to Jane Doe’s heirs or her beneficiaries under her will.

–        “John Smith and Jane Doe, tenants in common” – tenants in common – John Smith and Jane Doe are taking title as tenants in common. In the event Jane Doe died, Jane Doe’s interest would NOT automatically go to John Smith and vice versa. In order for Jane Doe’s half to be conveyed to anyone, an estate would have to be opened and the property would have to be probated. The property would ultimately go to Jane Doe’s heirs or her beneficiaries under her will.

–        “John Smith and Jane Doe, joint tenants with rights of survivorship”. – joint tenants with rights of survivorship – In the event John Smith died, Jane Doe would receive 100% of the property upon recording of John Smith’s death certificate. Don’t get confused with the acronym “JTWRS,” which will NOT suffice for meaning joint tenants with rights of survivorship and neither will “joint tenants”, as the entire phrase, especially the words “of survivorship” are required to properly convey this type of interest.

Note: The information contained herein is for informational purposes only as a service to the public, and does not constitute legal advice or act as a substitute for legal counsel. If you have any questions or have a situation pertaining to this area of law, consult with an attorney as every case is different. The information contained herein should not be relied on as a substitute for counsel and may or may not reflect the most current legal developments and is therefore not promised or guaranteed to be correct or complete.