Legal Question in Real Estate Law in Florida
I signed a lease agreement for 5 years, recently signed for July 2015 to 2016. Landlord past on & son (Cape Cod)new landlord. Good relationship.
Extensive damage July 24 & Aug. 1st. lease states: rent will not be paid until premises are tenantable. Damage exceed $5000 (30K) landlord or tenant may cancel lease and the rent for the month all of the casualty shall be prorated. I stop rent as of Aug. 1st. The roofing company is that fault and has taken responsibility for all parties. They have agreed to cover my moving expenses in storage for three months before returning to the condo. Landlord has used me to take on his responsibility and does not fly to Florida. The insurance company & adjuster is presently in conflict with the landlord and his contractor on the cost of repairs and length of time to do it. We have been waiting now for three months. I left for one month due to the moisture in smell of mold. I was forced to return 10 days ago to continue packing while waiting for the insurance company to cut the check. In the meantime, the landlord gets a cash offer after lowering the asking price near 40K in plans to pocket the insurance money. I have been left here to deal with everyone and everything. Six months ago when he put the condo on the market I question his realtor if he had a buyer and she told me they would have to buy me out. I e-mailed him yesterday to disclose to the new buyers that there is a lease agreement in effect. His response: Please vacate the premises no later than October 15, as agreed, to avoid legal action. I want to clarify there was never any agreement to leave at any particular date. He knows very well what our present situation has been and it has been very stressful for me. I am so exhausted and have lost three months of productivity for my new Business. There has been significant neglect with the insurance company and the landlord from the beginning. There was no cleanup crew, it took 19 days for adjuster to arrive, and I had to call Pinellas County health department o assess the mold and environment. I have tried to call the insurance company every day for the past week and they will not respond to me. ( Ins. Co. and myself had three prior conversations regarding my claim) The adjuster that was off the case, apparently is now being brought back with another contractor to return to the condo this week to address the conflict with the owners and his contractor. I need to know if this landlord can force me out of the condo before I can even finish packing while my lease agreement has never been terminated and I understood it could have under the circumstances.
Sorry, it's difficult to explain because it has gotten so complicated.
I really need help.
1 Answer from Attorneys
Dear Troubled Lessee: Consult an experienced Attorney, ASAP!!!
LEGALLY SPEAKING� ...
PREPARING FOR AN ATTORNEY CONSULTATION
By: J. NORMAN STARK, ATTORNEY, ARCHITECT EMERITUS, A.I.A., N.C.A.R.B.
Your consultation with an Attorney is the first step you should take in evaluating an attorney to represent you and your best interests in any legal matter. For people who do not have a regular attorney, or who need an attorney who specializes in an area outside of the area of practice their attorney handles, it is a good idea to plan on meeting with at least three attorneys to get information. Many attorneys offer consultations with clients for free or at reduced cost and encourage clients to meet with multiple attorneys to find the right fit for a given situation. Before meeting with an attorney, take the time to do some research on the attorneys you plan to speak with, gather all documents related to your case, and write down any questions you have.
The first step in preparing for an attorney consultation is finding an attorney who handles the type of law pertinent to your case. If you want to discuss a divorce, for example, an environmental lawyer would not be a good person to meet with. Many attorneys mention their areas of specialty in the phone book or on their websites, and if they do not, someone in the office should be able to answer a few quick questions on the phone about the attorney's focus.
It is also advisable to look up attorneys with the bar association before making an appointment. The bar makes its records available, and these can be used to confirm that an attorney is in good standing, to look up any complaints which have been filed, and to find out how long the attorney has been practicing law. If an attorney is not listed with the bar or has received numerous complaints, that lawyer is probably not a good candidate for a consultation.
Once you have an appointment for an attorney consultation, gather together your supporting information and documentation. This includes everything relevant to the situation, such as any documents received in the mail, along with documents like deeds, birth certificates, passports, and bank statements which may be relevant to your case. For example, if you have been in a car accident and want to sue the insurance company, all of the documentation on the car, the insurance, and the driver should be brought to the attorney consultation along with any communications received from the insurance company and the other driver, the police report if one was filed, and so forth.
It is also advisable to generate a list of questions pertaining to the case. Attorneys are well aware that their clients are usually not well versed in the law and you may have questions about the specifics of the case, along with more general questions about how the legal system works. No question is a bad question. If you want to know the steps which will be taken to bring the case to court, for example, and what may happen at each step, you should not be afraid to ask at the attorney consultation.
***
"WHERE EXPERIENCE COUNTS, COUNT ON MY EXPERIENCE"
J. NORMAN STARK, ATTORNEY
ARCHITECT EMERITUS (Ohio) A.I.A., N.C.A.R.B.
1109 Carnegie Avenue Cleveland, Ohio 44115
(216) 531-5310 x7100
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