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Does the landlord have responsibility of hiring professional check for mold,If mold is suspected? No, I don’t believe the landlord has that responsibility. If you believe the property has mold. Well, I think that you need to determine whether or not there isn’t fact mold as a tenant. If you find out that there is, or that there is a leakage, which you have to have moisture in order to have mold, you can give a notice under the landlord tenant act to the landlord that he has seven days in which to correct the problem, whether it be mold or simply a leak, if they don’t take care of the matter within seven days, then you have a right to terminate your tenancy, whether it be under a lease or whether it be on a month to month basis. And then you can go run a different place that doesn’t have these same problems. I realized this presents certain practical problems and also economic problems, but there is no obligation on the landlord’s part to do a higher professional determine whether or not there is mold present in the rental unit. If you have any questions, give me a call at (727) 847-2288

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Can a home purchase closing be delayed due to our hurricane approaching? That depends upon whether or not the contract has a provision in it concerning hurricanes, the contract that is most widely used by the realtors and it’s approved by the Florida bar has a provision concerning hurricanes and how it’s delayed. And also to be able to look at the property to see if there’s any damage as a practical matter. It usually is delayed because you have to have insurance for the lender, if there’s a lender involved. And if there’s a, so you can’t close unless the lenders ready to lend the money and you have to have insurance. Once it enters in to a certain longitude and latitude called the box, well, then they quit writing insurance. So then the lender can’t close the loan because there’s no insurance lenders. Also, if there’s a storm that has gone through will require the property to be reinspected before they will agree to close the loan. Whenever you have a willing buyer and a willing seller they usually agreed to delay this, rather than starting all over again, to see about selling the property, depending on what happened during the hurricane. And there was no damage involved. The insurance is a big factor. And as a practical matter, you go ahead and, and see about delaying those. If there’s no provision in the contract, for a delay and the parties, you know, are looking for a reason to get out, and the mortgage is not a contingency any longer in the contract. I believe that the seller could determine the buyer was in default for failure to close on the contract. But, in my experience, particularly in the area that I practice in and which is the West coast of Florida, we rarely lose a transaction or the seller takes that approach and that they usually want to sell the property and deal with the practical problems that are, we experienced as a result of a hurricane. And we’ve been blessed that we haven’t had any direct hits for over a hundred years. So, if you have any questions about your contract in closing, and hopefully we don’t have any approaching, hurricanes, well give me a call at (727) 847-2288.

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Do I obtain a detainer warrant? Under Florida law is called an unlawful detainer action. And this is an action that you bring. Whenever you have someone that’s staying in your property, such as a guest or a relative or whatever, and they don’t pay rent. They’re not a tenant and you want them to leave and they’re not leaving. And so ,what you do is you give them notice that you’re withdrawing your consent for them to stay there. And then if they still don’t leave, which usually is the case, then you can file in Florida. And I actually called an unlawful detainer action and say that we withdrawn my consent for you to stay on my property. And I want you to leave. There are precious few defenses of that primarily as if they have some ownership interest in the property. Well, you can’t remove them. Cause as an owner, they’re entitled to stay there, but otherwise you should be entitled to a judgment of possession. And then once the, of possessions entered, the clerk is directed to issue a writ of possession. And then the sheriff goes out and gives notice. And if they don’t leave, then the sheriff will then remove them. So the detainer warrant is not a term that I’m familiar with the unlawful detainer action, as I’ve described it as what we have in Florida, an order to remove persons from property whenever they are no longer, they’re not tenants. If you have any questions about unlawful detainer, my phone number is (727) 847-2288.

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Who pays Florida documentary stamp tax. The documentary stamp tax are usually controlled by the contract, particularly, as far as it relates to transferring a property, the real estate contract for the sale and purchase the property. Customarily, the seller paying the documentary stamp tax. However, this can be changed by contract. Many times whenever a buyer is buying from a developer or a new home to be built in a new subdivision, the developer will put in the contract that the buyer’s responsible frame, the documentary stamp tax. If you obtain a note and borrow money and obtain a note and mortgage, well the lender will require you to pay for the documentary stamps on the promissory note. If you have any questions about who to pay, who pays documentary stamps, give me a call at (727) 847- 2288.

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How can I tell if they can’t land has a sink hole? Well, that’s easy enough to answer in that you have to have it tested. They have a couple of ways of doing that, one is by radar. They can go out and see if there’s any unusual configurations as far as the ground underneath you. Also, by doing a test boring many developers, whenever they buying raw land to develop it into subdivisions for residential houses, they will have a test boring and wore down to see if there is any sinkholes and of course more holes. It’s the better chance you can determine if there is a sinkhole on the property. A visual inspection of the property is probably not a very good indicator. If there’s a certain depressions in the property, that may be some indication of a sink hole. But if you want to be assured that there is no sinkholes before you buy vacant property, then I suggest that you contact a geotechnical company who can come out and test the property either with radar or with a test warring. If you have any questions about a sinkholes, well give me a call at (727) 847-2288.