Barry W. Kaufman

Florida Coastal School of Law

Doctor of Jurisprudence/Juris Doctor

2000

Florida State Bar  # 306540

Member

2000 - Current

Florida

Since 2000

Middle District of Fla

Since 2000

Business Law

Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes

Collections

Consumer Law

Class Action, Lemon Law

Divorce

Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce

Family Law

Adoption, Child Custody, Child Support, Father's Rights, Guardianship & Conservatorship, Paternity, Prenups & Marital Agreements, Restraining Orders, Same Sex Family Law

• General Civil
• Small Claims

Q. I have paying my daughter's mortgage since 2008 including water and electric bill.can I requested a share if they sellin

June 28, 2022

A: Let's be clear. You are not on the mortgage but have voluntarily paid your daughter's mortgage since 2008. Your question is if your daughter elects to sell her house, can you ask for a share of the proceeds. The answer is no, and yes. You are a stranger to the mortgage company - you are not on the loan. You have no legal standing to ask for a share of the proceeds at closing. Between the mortgage lender and the title company, you don't exist. Can you ask your daughter for a share of the proceeds? Absolutely. Is she legally obligated to give you a dime of the proceeds? Unless you have an agreement that she will repay you (unlikely), she is not legally obligated to give you anything.

Q. I am a renter and my management company has imposed 3,000 in fines on top of my rent without prior notice is this legal?

June 27, 2022

A: Without reading your lease or knowing the nature of the fines, it's impossiblento answer. See an attorney with all the documents if you need a legal opinion.

Q. Im a landlord. I need to try to evict a tenant

June 21, 2022

A: Knowing how to evict a tenant is Landlord 101. Here's what I recommend that you do: 1. Hire an attorney to handle this tenant removal from start to finish. We can't get you up to speed in a Q&A forum. 2. Assuming the attorney you hire is someone whom you will want to use in the future, do that. When you have a question to which you cannot find the answer on your own, ask that attorney. You might have to pay for that sort of service but it is more than well worth the $$ spent. Hire him or her on the next tenant removal. 3. Educate yourself by reading chapter 83, Florida Statutes. Keep a copy of the documents form this eviction case for reference. Join landlord groups online or in person. This is a business, just like owning an auto repair shop or owning a trucking company. You have to know your business and how to run it. If you treat landlording as a side business, you are going to suffer the consequences of bad decisionmaking because you would be foundering around in the dark. We don't want that to happen to you. We want you to know how to pick good tenants, to have a good and enforceable lease (this is where having an attorney is critical), and how to terminate the lease properly so you are not exposed to liability. 4. As to this situation - DO NOT under any circumstances, change the locks, cut off water, electricity, or heat, or internet, or anything else. Do not hang around the property, contact the tenant incessantly, etc. Good luck!

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