Can I Terminate a Lease?

 

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Can I terminate a lease? No, you can’t terminate a lease by yourself. It would take the consent of both the landlord and the tenant to agree to terminate it. The only other provision to be able to terminate a lease is if either the landlord, if you’re the tenant, has breached the lease and you wish to terminate it because of his or her breach of the lease. And on the other side of it is that if you can terminate the lease if the tenant has breached the lease many times, that’s as a result of non-payment and you can sue for your damages or whatever, but that would terminate the lease. So, you cannot unilaterally or on your own just turn around and terminate the lease. You have to look at the provisions. I would suggest if that’s an option you would like, particularly with an apartment complex or whatever, or anytime you’re rent residential property or even for that matter, commercial property, you might negotiate the time you prepare the lease. A buyout provision, I’ve seen it. Usually they say that you, once you give notice of the buyout, you have to pay two months of the rent to be, to buy your way out of the lease. Or you can negotiate whatever dollar amount it would be necessary to be able to be released from law lease. If you have any questions, give me a call at (727) 847-2288.

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Should you purchase insurance on vacant property? Most parties do not, purchase liability insurance for vacant property and they don’t have any liability for people, trespassing and going or using the property unless they’re leasing it out or somehow the property has some dangerous aspect to it. Or it could be an attractive nuisance such as, water, like a sinkhole or something like that. And so most people do not. However, if you choose to get it, it depends a lot on the character of the vacant property, if it’s simply a residential lot, then you probably don’t need to worry about it. Or if you do want to get liability insurance, you can simply ask if your, your insurance agent ensures your home, whether or not you could have that covered on the liability aspect of it .If you have other property that’s out and, or there’s some particular aspect of it that you’re concerned about, simply, you know, people using these MTVs are on all over it. If you have it fenced or whatever, if there’s something inherently dangerous about the property, then you may wish to go ahead and obtain liability insurance on the property so that if anyone is injured and they do decide to come after you because there was, there’s something dangerous about the property that you didn’t address, then you would be protected. I suggest you talk to your insurance agent about it, if you are concerned, call me at (727) 847-2288.

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Can a credit card company put a lien on my house if I do not pay them? The answer is no. An order for a credit card company to even have a judgment lien, they must first file a lawsuit against you many times. If it’s a smaller amount under $15,000, they can go to small claims court and if they receive a judgment, they must then record a certified copy of the judgment and the public records or wherever you own any real estate, for it to be a lien against that real estate. However, that judgment lien does not attach to your home. No liens except, mortgages and construction liens, homeowners association liens attached to your house during your lifetime. And that’s pursuant to the Florida Constitution. So a credit card company’s judgment does not attach your house. You don’t have to pay that credit card judgment at the time you sell your home, and even when you pass away, if you leave your home to your relative or a blood relative, then they don’t have, they’re not obligated to pay the creditor, any judgements that the creditor may have as far as the house is concerned. Do you have any questions about this? Give me a call at (727) 847-2288.

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What is not covered by insurance after a hurricane? Well, the first answer the question is, whatever’s not covered by your insurance policies as far as what’s not covered. So let’s start with, do you have flood insurance? Flood insurance is necessary to cover your loss as a result of rising waters or flooding. If you don’t have flood insurance, you don’t have coverage for rising waters or flooding. If you have homeowner’s insurance, again, you need to look at what coverages you have. And, if you don’t have wind coverage, well then you not gonna be covered for any wind damage to your home. Also on your homeowner’s insurance, there’s a hurricane deductible damage caused as a result of a hurricane. And I believe the smallest percentage of your policy is like 3%. So if your home is insured for a hundred thousand or, let’s say $200,000, the first $6,000 of damages is not covered by your, your homeowner’s insurance and that there’s a hurricane deductible. My suggestion is that you might wish to contact your insurance agent before you have a problem, or if there’s a hurricane coming your way, give them a call and ask them what exactly what coverages you do have. I’m not an insurance expert and don’t  practice insurance law. And this is more of a practical approach to your insurance. If you have any questions, give me a call at (727) 847-2288.

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Is There A Redemption Period After The Foreclosure Sale In Florida? Yes, there is, but it is very, very short. After the sale the redemption period must, must be redeemed before they issue the certificate of sale, which is usually very shortly thereafter. So as a practical matter, no there isn’t. I understand that in states that have non-judicial foreclosures, that the redemption period is a considerable amount of time. However, in Florida where a judicial foreclosure state and foreclosures take a long period of time and the property is sold at a judicial sale which is an auction, and then you have third party bidders and they have to make a deposit. And then once they, the successful bidder, deposit the balance of the money into the register of the court the same day that they are the successful bidder. So your redemption period needs to take place prior to the foreclosure sale because the certificate of sale is issued shortly thereafter. If you have any questions, give me a call at (727) 847-2288.