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Recent real estate law questions
The homeowners association where I rented a condo did not return
The homeowners association where I rented a condo did not return the $250 deposit within Fla. Statute required time of 15 days or provide written notification of intent to claim damages within required 30 days of me completing my lease and moving out.Now they want to with hold $150 from $250 deposit claiming an oil stain in my parking space when I lived there. This email came to me 60 days after I moved out of my rental.Can they legally do this?
The HOA of my condo in Kansas City Missouri has refused to
The HOA of my condo in Kansas City Missouri has refused to provide a certification that there are no units in the complex that are "rented for less than 30 days and/or provide services normally associated with a hotel" (wording from FHA/HUD instructions). This is required by the mortgage lender in order for me to obtain a reverse mortgage. The reason given first was that the HOA does not have the right to govern rentals. I quoted them the section of the by-laws that says units may only be rented as an entire unit and that no transients are to be accommodated. They again refused, insisting that "transient" is NOT the same as "less than 30 days". All I can find online in Missouri law or Kansas City ordinance refers to "transient guests" in hotels, motels, etc., as stays of less than 31 days. Since the reverse mortgage is my last resort, if the HOA prevails, I may eventually lose my condo. Their refusal would also affect unit owners who want to sell to FHA/HUD buyers. Ironically, they raised to condo dues by 10% last year purportedly to comply with FHA/HUD requirements so that FHA/HUD loans could be made to owners/buyers. Can you help?
I have a family member who might consider transferring a conventional
I have a family member who might consider transferring a conventional mortgage. Since there most likely is a due on sale clause in the mortgage which is trying to be avoided, would the National Housing Act of 1934 prevent this if the transfer is to an immediate family member? If so, which family members would be considered "immediate" according to the act? After the mortgage transfer, who is legally responsible for the mortgage? Would the transfer go smoother if the transferees were added to the title beforehand?
If an attorney and their law firm represent a client in foreclosure
If an attorney and their law firm represent a client in foreclosure cases to collect debts and do litigation, and they are not registered with the Secretary of State pursuant to Title 5, Texas Finance Code, section 293.101 as third party debt collectors, does that render their actions void or voidable, or is that a valid attack in court proceedings against their actions as attorneys.
if a tenant had to be institutionalized for chemical dependancy
if a tenant had to be institutionalized for chemical dependancy rehabilitation, prior to the end of a seasonal two month lease (3 weeks used- 5 weeks unused)in the state if florida,is the tenant intitled to a refund of the unused time, and/or the one month security/damage deposit. tenant paid 2 months plus deposit in full prior to moving in.
Can I legally include the amount owed from a security deposit
Can I legally include the amount owed from a security deposit in a 3 day notice. I rented my house but the lady did not have the entire security deposit. The security deposit was $1500. The rent was also $1500. The first month she moved in and paid $2000 ($1500 first month and 1/3 the security deposit). The second month she has not paid and I gave her a 3 day notice for $2000 ($1500 rent and $500 for the 1/3 security deposit that was due in 3 monthly payments). She has retained a lawyer and her lawyer is saying that the case should be dismissed because the 3day notice is improper. That I can not include the amount from the security deposit on a 3 day notice. Can you please explain if I can include it or not. And also where in the florida statue or other laws can I find this?
We shared a rental lease, left the apartment at end of contract
We shared a rental lease, left the apartment at end of contract and turned keys in 2 weeks early. The roommate extended the contract without our authorization. They also trashed the apartment unbeknown to us. Now the landlord has billed both parties for damages. Are we liable for this even though we were never informed of a "walk through"? I had requested notificaiton of the walk through at the time of our departure. I feel we've been treated unfairly. They kept our $450.00 deposit and billed us additional $983.00.
I just moved to Tampa, Fl and my wife and we temporarily rentedView more real estate law questions
I just moved to Tampa, Fl and my wife and we temporarily rented an apartment for 7 months at an apartment complex. When we left I requested that they return our pet deposit. They said that they will get back to me. I never heard from them and instead, i got a bill from a third party collector for $446.00. when we surrendered the apartment. it was spotless. i spent 2 days cleaning it out to avoid and nonsense with landlords or leasing management companies. Additionally, when we left, I had paid up to the following month.-Mark