Legal Question in Civil Litigation in Florida

What's the law here? My parents bought a house in 2000 that my brother lived in with his wife until he died in December, 2013. His wife refused to leave and we received an unlawful detainer judgement against her. She actually appealed it and we are awaiting that trial. Meanwhile she brought a lawsuit against my mother (my father died in 2012) saying that my mom, who completely supported my brother, and we have the checks to prove it the entire time, owes her money for all maintenance and repairs made on the house during that 14 year period. My brother had a disability.

This woman hasn't worked since 2005, refuses to work and is a repeat offender with 8 arrests. There was never a lease. They stayed there and my parents paid all the bills including taxes, maintenance, utilities and insurance. In a court case, wouldn't the law be on our side and she wouldn't get a dime.


Asked on 8/26/14, 5:08 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The detainer judgment should have also included an action for an accounting of sums due that would have ended any entitlement for reimbursement for repairs, etc. Not sure what was appealed or the pleading stages of current case, but an accounting should be requested. Discuss with your attorney. The separate lawsuit is another forum where the accounting can be requested. Counsel is needed to handle these actions. They are responsible for a reasonable rental during their occupancy. Your conclusion is way to simplistic and isn't the way the law works. Right and obligations have to be determined with facts and issues resolved by the trier of fact.

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Answered on 8/26/14, 6:18 am


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