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Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36646
Experience:  25 years of experience helping people like you.
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for five star law I have some questions and would like to

Customer Question

for five star law I have some questions and would like to go on chat for follow up from other nite
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Customer:

good morning

FiveStarLaw :

Welcome back and good morning

Customer:

have some follow up questions for you

FiveStarLaw :

How is your friend doing?

Customer:

she's doing Ok very rattled

Customer:

she had a letter left on her door yesterday from an atty stating some sec code that she was being given her 30 day notice to vacate the house since she was month to month

FiveStarLaw :

understandable

Customer:

since there was no lease and this was not a tent situation how can they do that or is its scare tactic

Customer:

and did anyone have the right to come on the property at all to put this on the door , Her kids are scared anyone comes to the door

Customer:

are you here ?

FiveStarLaw :

Yes the property owner does have the right to terminate her right to occupancy. Actually in Florida only 15 days notice is required to terminate a month-to-month tenancy. I know that she does not have the lease and does not pay rent but the law still considers her a tenant

Customer:

ok

Customer:

can she fight that

Customer:

since she was in a relationship and assualted

FiveStarLaw :

There seems to be some technical problems on the site this morning. I am here and responding immediately but the screen indicates differently

Customer:

k thats fine

Customer:

can she fight the eviction . he had made promises to her that if she moved out of her place he pwuld replace the 3000 in security deposits she lost

Customer:

and she has no money now to move

Customer:

she she has a order of protection did they have the right to come on the property and place this on the door or should fit of been malied

FiveStarLaw :

Yes. A landlord cannot forcibly remove a tenant. Instead he must file an unlawful detainer action and if successful have the sheriff remove the tenant

Customer:

he kids get scared anytime anyone comes to the door after they harassed her the other nite

FiveStarLaw :

My screen is flashing – are you having problems viewing the screen or my responses

Customer:

no I'm getting your answers

Customer:

just premise what question you are answering

FiveStarLaw :

understandable that they would be frightened. She should retain local counsel to negotiate the payment that we discussed in the last question.

FiveStarLaw :

If an unlawful detainer action is filed, she will have the opportunity to present her defense in court

Customer:

so she can tie this up for awhile and stay there if she flies an action

Customer:

she has an appt with an atty next week and sending her kids to their grandparents in texas

Customer:

not sure if you answered this question or saw it- Does anyone have the right to come on the property that is acting as an agent of the owner of the home if she has an order of protection . Should the notice been mailed

FiveStarLaw :

It is the landlord who must file an action to remove her. She will be able to present a defense in that action

Customer:

Ok then she can raise a defense then . How long does that process usually take if he enters an action

FiveStarLaw :

An attorney does have the right to have an agent post the notice despite the fact that an order of protection exists

Customer:

ok

FiveStarLaw :

the process takes a few weeks

FiveStarLaw :

First she will be served a complaint giving her 5 days to respond. She will need to respond with her defenses at that time

Customer:

I think I know what your answer will be but can she call his atty and just say " I will move out immediately if I m reimbursed for my expenses to move or does she need an atty to do that . She just wants her 5K she lost in mob=ving in

FiveStarLaw :

She can call his attorney directly however it would be best to retain counsel

Customer:

Ok so she at least try to see if this can be done quickly and she can move .

FiveStarLaw :

Yes

Customer:

she just can't mention anything about the arrest being dropped she just has to say " look I will move if Im reimbursed the 5K i lost by leaving my other house "

FiveStarLaw :

correct

Customer:

can she mention that she will not pursue any civl charges as part of her getting the money to move

Customer:

or just stick to the 5k to move

FiveStarLaw :

yes -

Customer:

so she can make the dropping of the civil suit part of it just nothing to do with the criminal charges

Customer:

thats a sep ballagme

Customer:

I know in many states anyway with DV that the state takes up the case anyway

FiveStarLaw :

That is correct – she cannot mention dropping the restraining order either

Customer:

k

FiveStarLaw :

Have I overlooked any of your questions

Customer:

last question so she gets served with this get out of house and she responds how long do these uuayy get heard by the court

FiveStarLaw :

Usually within a couple weeks

Customer:

is this a long process if she is going to out up a denses and she has a good one with the assualy

Customer:

assault

Customer:

yes you have

FiveStarLaw :

It can be dragged out but usually an eviction proceeding is resolved within 2 months

Customer:

he's going thru a divorce rt now so the longer he is out the worse it will be for him as he's in a custody battle and the already is not good for him

Customer:

so he may want back in asap. Thats why I asked about her calling his atty and trying to negotiate her 5k to leave. She just wants what she is owed and lost and move on with her life and get her kids into a new home

FiveStarLaw :

I see

Customer:

he main goal is to get her kids back to normal

FiveStarLaw :

she can call the attorney and negotiate provided she does not offer to give false testimony or drop the criminal action

FiveStarLaw :

I understand

Customer:

I told her she has a case for more but she doesn't care other then move out and on

FiveStarLaw :

ok

Customer:

I will tell her that today. Going to have her make a simple offer. I will type up a script for her

Customer:

can you look at this real qucik

FiveStarLaw :

yes

FiveStarLaw :

I do not see it

Customer:

I am calling to respond to the notice you left on my door. I would be more then willing to move and not drag this out ( which I will) if I am reimbursed for the cost of my move into this house and cost to move out again. I lost 3k in sec deposits and was promised by our client he would reimburse me. I will have 2 k in moving costs as well . If he is willing to give me 5k in legit expenses it cost me I will vacate in 14 days and in addition will not pursue and civil charges against your client as well . We can just move on with our lives . If this offer is acceptable I will sign papers immediately upon receipt of a certified check. if this offer is not acceptable then we will do this thru the legal system

FiveStarLaw :

perfect

Customer:

I am going to suggest she send it as an e mail so there is no twisting of words or her going off track and saying things she should not say

FiveStarLaw :

yes

Customer:

keep it rt to her point going to have her add that he has 48 hours to respond

FiveStarLaw :

Yes – you can state that he has until Monday at 5:00 PM to respond or she will retain counsel

Customer:

she has the upper hand here and the family has money so if they were smart they would write the check quickly

FiveStarLaw :

I would not say 48 hours since this is the weekend

FiveStarLaw :

I agree

Customer:

I ws going to have her e mail it monday

Customer:

so there is no confusion on time and add 5pm weds

FiveStarLaw :

That is fine

Customer:

telling her all thru e mails so his atty can't trip her up with something she says

FiveStarLaw :

correct

Customer:

and its a take it or leave it offer

FiveStarLaw :

yes

Customer:

well thats about it for today You must love this service you dont have to leave the house to make money on a saturday

Customer:

its really a great service

Customer:

and you have been so helpful

FiveStarLaw :

thank you so very much. It is always a pleasure to work with you. I wish you the best

Customer:

one last question for you with your experience in family law

FiveStarLaw :

yes

Customer:

i a case like this if they turn down the offer what reasonable amount of money if she hired a natty ask for to settle this with the harassment and attack

FiveStarLaw :

a few hundred dollars

Customer:

thats the tatty fee

Customer:

what about what do u think her case is worth

Customer:

what number would an atty throw at the guy

FiveStarLaw :

10,000 – may be settled for 8 or 9

FiveStarLaw :

Just a rough estimate

Customer:

k thanks plus they would have atty fees as well so 5k is a number they should jump at

FiveStarLaw :

I think so

Customer:

if this does go forward can she ask for her atyy fees to be paid as well

FiveStarLaw :

Yes but it is unlikely that the court would award her attorney's fees

FiveStarLaw :

Good luck to both of you

Customer: replied 1 year ago.

I lost the screen to pay you and tip


 

Expert:  FiveStarLaw replied 1 year ago.
Thank you for letting me know. Hopefully this will help
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36646
Experience: 25 years of experience helping people like you.
FiveStarLaw and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.

Got it and paid have a great day

Expert:  FiveStarLaw replied 1 year ago.
Thank you

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FiveStarLaw
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