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CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I am 50/50 partner in a residence in Floriids with my

Customer Question

I am 50/50 partner in a residence in Floriids with my nightmare partner under an LLC. I had a contract written up where he was to pay me rent since December for $1000.00 a month after renovations which he has not yet done.He is into me for about $10,000.00, we were to try to sell the house split 50/50 depending how much each of our receipts equaled for renovations within 2 years. Now he has locked me out of the house which in the contract specified we are both to have access & obscue for sale by owner listing without my consent because he wants to stay rent free. Now my lawyer sending warning of payment if not response, eviction process. Question: if contract spells everything out that he has violated even though it show him as president of LLC he has no grounds for trying to go for lawsuit first just to try to slow things down?
JA: The Lawyer's require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost. Can you tell me what state the LLC is registered in?
Customer: Florida
JA: Have you talked to a lawyer yet?
Customer: Yes he is sending 3 day notice & I believe he has 5 days to respond
JA: What advice did they give you?
Customer: To first shake him up & get rent money owed before starting world war 3! But this guy is a thief with another lawsuit!! He will fight to the end because he is rent free
JA: Anything else you think the lawyer should know?
Customer: When I sent him my own letter politely... He said after you pay for equal amount in renovations then he will pay rent. He is lying because it is pretty equal
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,
Thank you for using our forum. My name is ***** ***** I hope to assist you today.

Customer: replied 1 year ago.
Hi Cal
Did read about my dilemma?
Expert:  CalAttorney2 replied 1 year ago.

I am sorry to learn of this situation.

I understand you are already represented by counsel, and I want you to understand that we can only offer "general information" as opposed to the formal advice and strategy that your local attorney can offer (so the instructions from your local attorney will be more nuanced and probably have a lot more strategy to them than what I could tell you based on "general information" - and I have a pretty good idea as to what your lawyer is hoping for here, but I also can tell you that there are issues with issuing a 3 day to an owner of a property.

I did read your post, but I didn't actually see a question, if you can restate it, or redirect me to what you are looking for specifically I can usually better assist you.

Customer: replied 1 year ago.
Well we both own the property but I had a contract written up specifically stating that he had to pay me rent $ 1000.00 monthly
It's a 10 page contract stipulating 50/50 share
Customer: replied 1 year ago.
He has breeches contract... What are my rights
Expert:  CalAttorney2 replied 1 year ago.

I understand you had an agreement drawn up where he was to pay rent - but the problem is that he is a 50% owner. This means that you cannot enforce this with an eviction (an eviction requires that you go to court and show that the person being evicted has "no" ownership interest in the property (they are a tenant, or an occupant, not an owner).

He is in breach of contract, so you can sue him for that.

If the sale of the property is not working out (you need to sell the property and divide the assets/profit), you can force this through what is called a "partition action" - but this is probably the "world war III" that your attorney is hoping to help you avoid with the threat of an eviction.

Customer: replied 1 year ago.
Is this based on Florida law???
Expert:  CalAttorney2 replied 1 year ago.