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Widerman Malek Law Blog

Oral Modifications to Written Lease/Rental Agreements: Are They Valid? Vol. 1

I have been approached lately with the issue of oral modifications made outside the main written lease/rental agreement and what impact they have on the lease/rental agreement. Are they valid? Are they enforceable? If the landlord doesn’t live up to his end of the oral modification, do I have any recourse? What do I do? […]

Loan Modification, Stipulated Judgment, Deed in Lieu,…What do you do?

Loan Modification, Stipulated Judgment, Cash for Keys,…What do you do?

It is best to talk to an attorney before you ever get to the point where you start falling behind on your mortgage. Before things start to go downhill too much, you might be able to save yourself a lot of future problems by talking with a professional up front. Having said that, if you find yourself at the point where you have already missed a mortgage payment, or several, you likely still have several options available. For the purposes of this article, we will assume that the mortgage is on your Florida homestead property.

Construction Liens, Landlords, and Tenants

Construction Liens, Landlords, and Tenants

A landlord can be liable for a construction lien (or mechanics’ liens) if the landlord fails to take proper precautions or fails to timely respond to a contractor or other lienor. An “owner” must sign the notice of commencement for construction or improvements to begin on a premises.

Will a Tenant get their security deposit?

By: J. Mason Williams IV I have been asked several times whether a person can get their security deposit back.  Often times, they tell me that they cleaned everything up and the landlord still won’t give them their deposit back.  Why not and what can I do?   Well, first you have to review your […]

Do you always have to pay rent?

The short answer is no, you don’t always have to pay your rent, but the circumstances that allow you to make partial payments, or to stop paying altogether are very limited.  In short, generally you need to pay your rent.  You might win a case and get that rent returned or get something fixed, but […]

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