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Fernando A. Prego
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Practice Areas
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Real Estate Law
- Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Jurisdictions Admitted to Practice
- Florida
- The Florida Bar
- ID Number: 0124811
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Professional Associations
- The Florida Bar # 0124811
- Member
- - Current
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Websites & Blogs
- Website
- Florida HOA & Condo Lawyers
Legal Answers
6 Questions Answered
- Q. Can one owner of a jointly-owned property ask a judge to force a sale due to code enforcement fines that can't be paid?
- A: The siblings can file a partition action for the sale of the property, but the sale will not eliminate liens, violations, or encumbrances. A forced sale of the properties via partition would likely result in the satisfaction of the code enforcement fines, as the proceeds from the sale would be used to pay outstanding debts, including liens or fines, before distributing the remainder to the co-owners. However, the fines will not be immediately paused or stopped simply because a partition suit is filed. The fines will continue to accrue until the properties are brought into compliance (e.g., homes repaired or demolished) or sold to a new owner who resolves the code violations.
- Q. I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lo
- A: You will need a survey of the property that will show encroachment onto your vacant lot as a result of the installed fence. If there is encroachment, that subjects the neighboring owner to civil claims to quiet title, partition of real property, ejectment, trespass, injunctive relief, and other potentially applicable causes of action. You should retain counsel as soon as possible to ensure your property rights are protected.
- Q. My landlord leased the unit to another person after i gave written notice of my intent to extend my lease.
- A: If a tenant exercises the option to extend the lease with the proper notice and in compliance with the terms set forth in the lease, the landlord generally does not have the right to reject the tenant’s exercise of that option.
Lease options to extend are typically binding on the landlord as long as the tenant meets the specific requirements outlined in the lease, including any deadline for notice and other conditions. Once the tenant fulfills these requirements, the lease should automatically extend under the pre-agreed terms, and the landlord generally cannot refuse unless there is a clause explicitly granting the landlord the discretion to deny the extension.
However, if the tenant ... Read More
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