A: As the property owner and landlord, you bear some, if not most, of the responsibility for the damage your tenant caused to the neighbor. Despite your lack of knowledge about the unauthorized addition to the plumbing, as the property owner, you will likely be held accountable for the damages.

‘Property owners are legally obligated to maintain their property to a standard that prevents damage to others, and you may have to cover the repairs your tenant’s actions caused.

Upon learning about this, your first step is to visit the apartment and ensure the plumbing issue has been resolved. Inspect the rest of the property to ensure there are no other problems; if there are, have it properly fixed.

Put your tenant on notice that he violated the lease and will be held responsible for the damage. Find out if he has rental insurance.

Realistically, making the tenant repay you for the damage he caused will be difficult, but you can at least try.

You will also need to decide if this situation is a reason for you to evict your tenant. Like not paying the rent, breaking the rules set out in the lease, such as making unauthorized renovations, can also lead to the tenant being evicted.

Your next step is to inform your insurance company about the situation. Discuss the damage with your neighbor to determine its extent and find out who their insurance company is, as your insurance company will need this information. Your neighbor’s insurance will likely coordinate directly with your insurance company to make the repairs.

This will be more difficult if one or both of you do not have insurance, but the repairs and reimbursement will need to get done in any case.

While it is better if everyone cooperates, there is a realistic possibility this will end up in court, so make sure to take pictures and make good notes along the way.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

A: The question of unequal contribution frequently arises in my practice. I usually see it in one of two contexts. The first variation is like yours, where one of the spouses contributes the down payment using money they inherited or had before the couple married. The other is a situation that usually involves a second or third marriage where each spouse wants to ensure their children from a prior marriage inherit their half of the marital home.

Fortunately, with proper planning, there are several ways to set this up, depending on your circumstances.

For many people, a trust can be a powerful and flexible solution.  A trust agreement is a legal arrangement that allows you to own property and manage it according to terms you agree upon. This flexibility lets you control your financial planning, allowing you to decide, for example, that when the property is sold, you or your heirs get the down payment back, the remaining mortgage gets paid off, and you split the remaining equity with your wife.

Instead, you could execute a post-nuptial agreement. This type of agreement is similar to a pre-nuptial agreement, but it is created after the couple is married to outline the division of assets and financial responsibilities in case of a death or divorce. It is used to protect individual assets, clarify financial rights and obligations, and make a clear plan for asset distribution to reduce conflict in the future.

I have also seen the spouse contributing most of the down payment, treating it like a loan, and recording a mortgage on the property. This option may not be available to you for various reasons, such as restrictions from the new bank loan you are getting, and may have tax disincentives. However, in the right situation, this could be a good solution.

Given your situation and the various options available, it’s important to seek the assistance of an appropriate professional to guide you through the legal intricacies and find the best solution for your circumstances.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

A: Homeowners are responsible for meeting the appropriate building code requirements for their property.

The building code is a set of rules published by your municipality that outline the minimum requirements to satisfy basic health and safety concerns. They concern the structure, electrical, and other systems in your home.

Depending on what is being built or renovated, the property owner must get the city’s permission, known as a “permit,” before the work is started. Your city will also inspect the work upon completion to ensure it meets the minimum requirements.

Whether a permit is required varies by location, with some areas requiring permits for almost everything, from cutting down trees to painting your mailbox, while other towns only concern themselves with significant work, like replacing your roof. Your city can provide you with specific information about required permits, which can typically be found on its website.

While it can be a hassle, the permitting process is not just a formality but a crucial step in ensuring the safety and legality of your home renovations.

Failure to obtain a permit when required can lead to penalties. This is considered a building code violation and may result in substantial fines and the removal of the renovation.

Sadly, I have advised numerous homeowners to repair or remove their sunrooms because they were constructed without permits or did not meet building codes.

This is even more frustrating when the renovation was done by one of the previous owners because the current owner must bear the costs of fixing the issue.

This problem can sometimes be avoided by reviewing the city’s permit history. The research may show a code violation or incomplete permit, raising a red flag.

Other times, what is not shown is the red flag. For example, since a permit is usually required for certain renovations like a converted garage or enclosed patio, not finding the appropriate permit is a huge warning sign that something is amiss.

Unfortunately, because you already own the property with the code violation, you will need to fix it. While you can try to work with your city to ease the burden, ultimately, it will need to be resolved.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

A: A municipality can fine you for a long-existing code violation.

From reading your question, it sounds like you got a permit for a pool and fence, but not necessarily a fence with mesh slats.

Now that the city realizes there was a code violation, they are asking you to correct it.

A “statute of limitations” is a law defining the maximum amount of time after something happens in which a party can begin legal action. For example, in Florida, most contract-related lawsuits must be brought within five years of the breach of the agreement.

Because your violation has been ongoing with the privacy slats still in place, the statute of limitation has not yet begun because the code violation began 12 years ago and still exists today.

You are responsible for correcting now that the city has caught on.

If the city had approved the permit for a fence with privacy slats, you would have a better argument, but not necessarily a winning one.

Generally speaking, if a municipality permits something in error, it can revoke it. The reasoning is that while people should be able to rely on the assurances and commitments of public officials, a public official cannot, in error, allow something forbidden.

However, even this has limits and exceptions. In certain circumstances where the property owner makes a substantial change in position in good faith that incurs significant expense, the city may be “equitably estopped” from creating a severe and unjust result due to its mistake. However, equitable estoppel is only available in exceptional circumstances.

While you may not want to remove your privacy slats, I do not think you would qualify for this rare exception. You should remove the offending fence slats and work with the city to find an approved way to regain your privacy.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

A: If a tree falls on your property because it is unhealthy or not maintained by the owner, the owner would be responsible for paying for the repairs to your property.

The law does not protect a tree owner who neglects the maintenance of their tree, which leads to damage to someone else’s property.

However, the law will protect a tree owner who maintains their trees, even if a tree damages a neighbor’s property through unexpected events, like a storm.

Therefore, it is crucial for tree owners to regularly maintain their trees to avoid liability for damage caused by their unhealthy trees. In your case, it seems clear your neighbor is not doing that.

Because the tree is dead, any damage it causes would be your neighbor’s responsibility.

While your homeowner’s insurance policy should protect against this damage, you should look over your coverage to confirm. If something happens and your insurance company pays for the repairs, it will want the right to seek reimbursement from your neighbor. This is called “subrogation” and is a right given to insurance companies in most, if not all, of the insurance policies I have seen.

Your insurance company will seek reimbursement from your neighbor and sue them if they or their insurance company do not step up.

That said, it is best to avoid this issue altogether.

Depending on your relationship with your neighbor, you should talk about this with them or write them a note.

If they are not cooperative and you live in a community association, you can seek assistance from the property manager. Another option may be to speak to code enforcement or a similar department in your local municipality.

While it may be uncomfortable to take these steps, it is better than dealing with a damaged house. If nothing else, communicating the issue will document your neighbor’s negligence in case there’s an issue.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

A: Real estate transactions are controlled by the agreement the parties signed. Your first step is to review your contract, paying particular attention to the fine print.

Most contracts will have a clause dealing with this issue, often titled “Persons Bound” or something similar, and say something like, “This contract is binding on, and inures to, the parties and their respective heirs or successors in interest.”

This means that if the owner passes away or even deeds the house to someone else, the heirs or new owner would still be bound by the contract.

It also means that if the buyer were to pass away, their estate would need to complete the deal or risk losing the earnest money deposit.

Additionally, since both spouses signed the contract, the surviving spouse is still under contract.

Once you determine the widow is obligated to close, you must examine the property’s title to determine how it was owned. If the property was owned only by the spouse who passed away, probate will likely be necessary and could take several months.

However, if the property was owned in a living trust, which is a common estate planning method, the trust agreement will appoint a new trustee who can sign the deed at closing without waiting for probate.

Similarly, if both spouses owned the property together, the widow would be the sole remaining owner and could sign the deed at the closing.

The closing attorney will review the specifics to determine the exact steps needed to finish the transaction.

While closing any deal is stressful, and you need a place to live, it is essential to remember that the widow and her family suffered a tragedy. In my experience, with proper sensitivity on your part, the widow will still want to conclude the sale and move on.

By understanding the contract, being flexible, and dealing with a bit of inevitable delay, you should be able to finish buying your new home.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

A: Congratulations! Paying off your mortgage loan is a cause for celebration.

First, you should contact your lender to confirm the amount. Your loan may have some remaining fees or costs you are not expecting, and it is best to avoid a late fee or other problems because you still owe a few dollars.

When you initially closed on your mortgage loan, you signed various documents, including disclosures, affidavits, agreements, a mortgage and a promissory note. While everyone talks about making their mortgage payment, they are actually repaying the loan they made by signing the promissory note.

The mortgage is the security instrument that allows the lender to foreclose if the borrower breaks the loan agreement, for example, by not making payments. A borrower repays their promissory note so their lender does not have to use its mortgage.

In most cases, your promissory note is a “negotiable instrument,” which is a signed document where a borrower promises to repay a certain amount of money to a specific party.

A check from your bank account is an example of a negotiable instrument, as is a promissory note. Both promise you will pay a certain amount to a specific person.

Just like you can transfer a check made to you by endorsing the back of it, your lender can endorse your promissory note to another lender. If your bank “sold your mortgage” and you had to pay a new lender, this is what happened.

Because your original promissory note has legal significance, once you fully repay your loan, your lender will mark it as “canceled” and mail it back to you.

Occasionally, the originals get lost, and instead, your lender sends you different documents stating you fulfilled your obligation. You should save these documents for at least five years in case you need to prove you fully paid your loan.

Changing the title of your home is an important legal decision. That said, depending on your situation, adding your spouse to your home’s title is often a good idea as it provides certain protections and assists in estate planning. You will need to deed the property to yourself and your spouse while observing the formalities required by where you live.

In Florida, it must be witnessed, notarized, and recorded in the county’s official records.

Preparing and recording a deed like this typically costs little, and you should contact a local attorney to assist you.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

A: To investigate this issue, you will need to examine the records for your community and your duplex building. While your association may be correct that your leak is not their problem, reviewing your association’s formative documents is the only way to know for sure.

The documents that govern your community are a contract between you and your neighbors, and the only way to know what is in that contract is to read it.

If it turns out they are off the hook, you will need to dig deeper.

Homes, such as yours, that share a wall not maintained by a community association are usually controlled by a private “party wall agreement” between you and your neighbor.

If you do not have a copy of this agreement, it is likely recorded in the public land records.

If you still have your title insurance policy from when you purchased your house, it should reference that document. You should also be able to find it by searching the land records on your county’s website.

Once you find this document, read it carefully to discover your rights and responsibilities.

Should neither of these documents address your issue, the overarching legal principles, often referred to by attorneys as “common law,” will apply. According to common law, an issue like the one you’re facing would typically be resolved by dividing the responsibility for the repair equally between the two landowners involved.

If it turns out that your neighbor is equally responsible for the repair, let them know and see if they are willing to cooperate.

If they are not on board, you might have to handle it and seek reimbursement for half the cost.

If a worst-case scenario occurs, you could take them to court, although depending on the repair expenses, it might not be worthwhile to create conflict with your neighbor over it.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

A: Homeowners associations can only tell residents what color to paint their homes if their declaration of covenants allows it.

If the declaration has a range of colors, the board or architectural committee must follow those rules and let owners pick from those options. They cannot do so if the declaration does not expressly give the board the power to choose colors.

In my practice, I have encountered many associations enforcing rules in good faith that the board thought existed because “that was the way it was always done” when they did not have the power to do so.

Carefully review your community’s formative documents to see if your community even has the right to enforce color schemes.

If they can and your color is on the approved list, you can stick with it.

The rules agreed to in the declaration govern what residents can and cannot do and are not dependent on who happens to be serving on the board of directors.

However, if the documents do not allow your association to pick colors, it cannot start now. If the prior board incorrectly allowed you to paint your house an unapproved color, the new board cannot force you to repaint your house now.

While you should be able to touch up and maintain your current color for years to come, when it comes time to repaint your house, you will need to abide by the procedures and choose from your community’s approved colors.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro. 

A: When a seller and buyer agree on the terms of a home sale, they have to follow those terms. This is why reading and understanding anything you are asked to sign is so important.

While every contract has unique terms, they have much in common. The buyer will put up an earnest money deposit, and if they breach the contract later, the seller can keep that deposit.

This is called “liquidated damages,” which is an agreed amount to the seller for the time and costs of the failed attempt.

Because there are many uncertainties for a buyer in a purchase, the contract will have some “contingencies” or factors that let the buyer cancel the contract and get their deposit back.

The two most common contingencies concern the property’s condition and the buyer’s ability to get a loan. If the contract has these contingencies and the property is in worse condition than expected, or the buyer fails to get a loan despite trying to do so, the deposit must be returned to the buyer.

Most of the time, this works well, and the property is sold. Occasionally, a problem happens, such as bad inspection results or getting turned down for the loan. In this case, as long as the buyer informs the seller by the agreed deadline, the contract ends, and the deposit is returned to the buyer.

However, there are occasions when a qualified buyer will get cold feet and try to escape the contract without giving up the deposit by fabricating a problem that gets the loan rejected. This is usually done by hiding information from the lender.

To address your situation, you need to review the financing section of your contract. Check if the buyer told you they were not approved by the deadline.

If your contract required the buyer to apply for a specific type of loan, such as a 30-year fixed rate loan, check that they did, as getting denied for a different type of loan could allow you to keep the deposit.

Ask why the loan was denied and if it was intentional, for example, if the buyer refused to provide their tax returns.

If, after all of this, it appears the buyer acted in good faith and told you by the deadline, you should return the deposit. But, if the deadline was ignored or the denial is suspicious, you may be able to keep the money.

Board-certified real estate lawyer Gary Singer writes about industry legal matters and the housing market. To ask him a question, email him at gary@garysingerlaw.com, or go to SunSentinel.com/askpro.