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Questions Answered by Linda Liang
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord evict us through a text message, and schedule a showing of the house while we are still paying rent

The landlord is trying to evict us even though we are current and up to date on rent. They are only texting eviction notice and today they text me saying they have scheduled a showing for tomorrow at 9am , even though we are still paying rent every month and are currently living in the home. The... Read more »

Linda Liang
Linda Liang answered on Jan 21, 2022

Landlord must send notice to you and provide proof to the court. Text message is not a proper notice under Section 83.56(3), Florida Statutes. You are not required to accommodate the showing because you are legal possessor of the premise.

1 Answer | Asked in Contracts for Florida on
Q: If a company does not have a stated fee for severing a contract that I signed, are they allowed to charge me a fee?

It was never discussed that there was a fee for 'breaching contract'. But then I was told that it would be a $3,500 charge

I recently spoke to them again about this and now they have changed the fee to $5,000. Unfortunately, this conversation occurred over the phone and they are... Read more »

Linda Liang
Linda Liang answered on Jan 21, 2022

If there is no provision in the contract about this fee, you are not obligated to pay.

2 Answers | Asked in Family Law and Probate for Florida on
Q: Man and women are married but do not live together. Women lives with son.

Woman becomes deathly ill with no Power of Atty. Can husband get a POA naming son as beneficiary.

Linda Liang
Linda Liang answered on Jan 19, 2022

Sorry to hear that. If woman is mentally sound, even though she is physically weak, she has to sign her own Power of Attorney.

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2 Answers | Asked in Business Law for Florida on
Q: Business Law, Franchise question. Most FDD has a personal guaranty clause. What can I do about it? Can it be limited?
Linda Liang
Linda Liang answered on Jan 19, 2022

Not much. It is an offer. You can accept or provide counter offer. You should be represented by an attorney to know what you actually sign into.

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1 Answer | Asked in Business Formation and Trademark for Florida on
Q: is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business ?

is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business under a different name? Should I modify something in the method to avoid any legal complications?

Linda Liang
Linda Liang answered on Jan 18, 2022

You need to hire an attorney to conduct a research for you and give you advice accordingly. Without more information, it is impossible to know the answers.

2 Answers | Asked in Business Law and Civil Rights for Florida on
Q: When on a FL HOA board when can new rules be implemented and is a lawyer needed to have new rules added or rules update

I'm currently in a HOA board and we are trying to figure out what rules/by lawns are currently in place. How can we change them/ modify them and how to move forward. One board member says to make any changes we have to have a lawyer and then have a vote. I'd like clarification on what can... Read more »

Linda Liang
Linda Liang answered on Jan 18, 2022

Having a lawyer Is almost never mandatory. But if you want to know whether modification may render the rules invalid in court of law, a lawyer will be helpful.

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1 Answer | Asked in Business Formation for Florida on
Q: I had a question about corporate governance - professional association (PA) vs LLC in florida

I'm part of a non-physician-owned group that acquired a professional association in a stock purchase with another LLC. I got feedback that an LLC cannot own a PA. Do I need to change the PA entity - articles of incorporation, etc.

Linda Liang
Linda Liang answered on Jan 11, 2022

The central issue is not the PA, per se. It is splitting the fees. In general, physicians are prohibited to split fees with non-physicians. A few exceptions exist. One of them is exception to corporate practice where they do not hold out to the public as health care clinic. Some of the examples are... Read more »

1 Answer | Asked in Products Liability and Car Accidents for Florida on
Q: A driver hit my car at my job's parking lot and he was driving a rental. Is the rental company supposed to fixed my car?
Linda Liang
Linda Liang answered on Jan 11, 2022

No. The renter's insurance company. The renter should have insurance covering the rental car. You should look to that direction.

1 Answer | Asked in Land Use & Zoning for Florida on
Q: What actions can I take against a neighbor who has placed items on my property?

I purchased a piece of property to build a new home, we have closed and the deed has been filed. The neighboring lot is also building a new home and their contractor has placed a dumpster and the spoils from digging a pool on my property without permission. How can I force them to remove it... Read more »

Linda Liang
Linda Liang answered on Jan 10, 2022

Trespass. You can sue them for trespassing.

2 Answers | Asked in Business Law for Florida on
Q: I recently had to leave my restaurant business location for a family emergency. A new restaurant has moved in. They are

The new restaurant is using all my business signs

Customers are believing that they are eating at my restaurant. I have a new location and this causing confusion. I have already asked them to replace the signage or at least cover it up.

Linda Liang
Linda Liang answered on Jan 5, 2022

You did the right thing. If they refuse to do so, it will be worthwhile to hire an attorney to write a cease and desist letter.

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2 Answers | Asked in Contracts, Employment Law and Business Law for Florida on
Q: As a 1099 personal trainer I set my prices. Can gym owner force me to honor a discount price package created by the gym?

Are we required by law to honor a pricing package made by the gym when we are 1099 contractors? If it is the gym "policy" to provide a Silver Sneakers member a training discount, then isn't it for their employees to honor, not contractors? The club takes 40% of each session no... Read more »

Linda Liang
Linda Liang answered on Jan 5, 2022

You need to have an attorney to review your agreement with the gym. The agreement should define the solutions in a scenario like this. The laws are about enforceing a valid agreement.

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1 Answer | Asked in Business Law for Florida on
Q: In Lake County, Florida, do you have to have a business license to operate a business?
Linda Liang
Linda Liang answered on Jan 5, 2022

The County requires business owners to obtain a Use permit before they can operate a new business or change the use of any business in unincorporated Lake County. (151.110) The County does not require business licenses, however, a business may be required to obtain other licenses in order to... Read more »

2 Answers | Asked in Employment Law and Employment Discrimination for Florida on
Q: I feel like I'm being discriminated against at my job how would I go about seeing if it is worth hiring a lawyer?

I have requested to either work at home or get a shift a change from my current job due to child care conflict and they claim there is nothing they can do for my shift change but they have done it for other employees.

Linda Liang
Linda Liang answered on Jan 3, 2022

Employment discrimination generally exists where an employer treats an applicant or employee less favorably merely because of a person's race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. You need to know what category... Read more »

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3 Answers | Asked in Contracts, Personal Injury and Constitutional Law for Florida on
Q: Can HOA's create rules in their bylaws that circumvent state laws they operate within.

I live in Florida and the state law identifies what common areas are, but the HOA bylaws say the board has broad discretion with respect to what common areas are and the HOA has used this broad discretion to bill only certain homeowners for cost to maintain common area's deeded to the hoa.... Read more »

Linda Liang
Linda Liang answered on Jan 3, 2022

The direct answer is no. HOA's bylaws cannot circumvent state laws. The question is what constitute circumventing state laws. You need more facts in your inquiry.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord has gotten permits to remodel the home that I’m renting with me and my children living here is that legal

There was a water leak but the water leak has been fixed so there’s no need for the landlord to tear out the walls inconveniencing my family trying to replace plumbing whit me and my children living here

Linda Liang
Linda Liang answered on Dec 29, 2021

Landlord has a duty to provide habitable premise and to provide quiet use and enjoyment. Everything they do should be reasonable. If the inconvenience is for one day or two, I do not think you have a claim against that. Or if the inconvenience is minor, you do not have a valid claim neither. You... Read more »

2 Answers | Asked in Construction Law and Contracts for Florida on
Q: Once I have terminated a construction contract by notifying the builders, can I hire another builder & finish the house?

My construction contract for a new home had a termination clause that required the Owner to provide three written notifications to terminate the contract. The contract was materially breached, and I have completed those notices. I have received no response from the opposing parties (developer and... Read more »

Linda Liang
Linda Liang answered on Dec 29, 2021

Whether your contract is duly terminated depends on the provision of the contract. If service was performed, although not completed, you would probably have to pay for the service. You need to ask an attorney to review the contract to know for sure.

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2 Answers | Asked in Contracts and Employment Law for Florida on
Q: What is the risk for me if company C finds out about company A?

I am the owner of company A (Luxury Chocolates) & B (BizDev) and I will work as a BizDev contractor for company C (Luxury Candies). Company C provides to me full access to their portfolio of customers and wants me to sign an NDA with no time limit. What is the risk for me if company C finds out... Read more »

Linda Liang
Linda Liang answered on Dec 16, 2021

You signed NDA, Non-Disclosure Agreement, not non-compete. Your obligation is not to disclose to anyone. If you did not tell anyone about their trade secret or covered information, I do not believe you have violated the NDA.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my landlord suddenly give me a 3 day eviction notice because I owe late fees? Rent is paid. Late fees are months old

I complained about a parking problem, then she posted the 3 day notice. Rent is current ..late fees are from two months Sept and October

Linda Liang
Linda Liang answered on Dec 16, 2021

Because you owe late fee, which is considered as part of rent, they have claim to file eviction. You may have defense that the eviction is form of retaliation if you have facts to support it, meaning if you can connect your complaining of parking problem with the eviction.

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3 Answers | Asked in Business Formation, Contracts, Mergers & Acquisitions and Probate for Florida on
Q: SELL A HOUSE AND UR BROTHERS DONT WANT NOTHING SAID I CAN HAVE IT ALL CAN I SELL MY DADS HOUSE WITHOUT PROBATE COURT

DO U STILL HAVE TO GO THREW PROBATE IF U HAVE A LETTER FROM UR BROTHERS AND SISTERS SAY I CAN KEEP THE PLACE

Linda Liang
Linda Liang answered on Dec 16, 2021

It's hard to say based on what you presented. Did your Dad leave a will? If he did, you will have to. In any event, you have to talk to an estate planning attorney to know for sure what your rights are and how to protect yourself from future dispute.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can the park legally charge us for an additional occupant? Do we have legal recourse on the money already paid?

My wife and I are elderly, and we live in a mobile home park. We own the home, but the landlord owns the land. We pay monthly rent. When we first moved to our current residence our son lived with us. He moved out in the 80's, but in Dec 2011, he came back home to live with us. Park management... Read more »

Linda Liang
Linda Liang answered on Dec 4, 2021

Do you have lease in writing with them? Do you have a copy of their regulation? Are there any rules stated in the lease or the regulation regarding additional occupants? Are the rules "posted in the recreation hall, if any, or in some other conspicuous place in the park?"

If they...
Read more »

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