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Questions Answered by Michael Mayoral
1 Answer | Asked in Landlord - Tenant for Florida on
Q: New landlord bought property as is. They evicted us. Can they hold our security deposit since it was bought as is?

Old landlord sold property as is. I have screenshots of the sale ad stating so.

The new landlord gave us all 30 days to leave but they're being shady about our security deposit.

The property is really old and always needed a total rehab.

I read alot of reviews on the... View More

Michael  Mayoral
Michael Mayoral
answered on Mar 7, 2022

In Florida, landlords must tell you if they want to keep some or all of your security deposit. If they plan on keeping some or all of it, they have to send you a notice by certified mail within 30 days of you moving out of your rental home at the end of your lease (or they give up the right to... View More

4 Answers | Asked in Civil Litigation for Florida on
Q: Is it possible to sue someone in small claims for severe emotional distress?

I did a bit of research on mine into emotional distress cases. What is definitely negligence or intentional infliction of emotional distress. Or I read the tort for emotional distress. And could answer all 4 requirements. I have medical records for during the time as well as having to pay someone... View More

Michael  Mayoral
Michael Mayoral
answered on Mar 7, 2022

Generally speaking, under Florida's "impact rule," you must demonstrate that any emotional damages you suffered caused physical harm or were the result of physical injuries.

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1 Answer | Asked in Contracts for Florida on
Q: I am trying to make sense out of a couple sentences in my non-compete can someone advise? I'm in Florida

In the first paragraph my non compete it specifies: "engage in any business which sells or markets skin care, cosmetic or such other products which have been sold or marketed by the Business for a period commencing on the date hereof and continuing for a term of five (5) years" - Second... View More

Michael  Mayoral
Michael Mayoral
answered on Mar 1, 2022

It is tough to say without reading the entire agreement, but "competitive products " could be interpreted to mean "skin care, cosmetic or such other products which have been sold or marketed by the Business."

1 Answer | Asked in Insurance Bad Faith for Florida on
Q: Real estate insurance claim recorded statement

I’m in a process of real estate insurance claim and adjuster wants to have a recorded statement from me. Do I really obligated to give him a statement or I can refuse a statement?! Also, most likely I’ll hire a lawyer, if the amount offered is low. A loss mitigation company was dispatched to... View More

Michael  Mayoral
Michael Mayoral
answered on Feb 25, 2022

It depends what your insurance policy says about the requirement to give a recorded statement.

3 Answers | Asked in Personal Injury and Civil Litigation for Florida on
Q: My wife are 76 and 73 years, worked all our life. Being sued by 38 yr old son for damages.US Den Dist Ct # 1:2022cv00321

Son is disabled and misguided throughout his life. What are the options?

Michael  Mayoral
Michael Mayoral
answered on Feb 17, 2022

You should absolutely retain counsel to answer the complaint and make sure that a default judgment isn't entered against you. Generally, one must file an answer 21 days after being served with a complaint in federal court. The attorney may be able to have the complaint dismissed.

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1 Answer | Asked in Constitutional Law for Florida on
Q: 20mm disorderly conduct 877.03 prevent concealed weapons permit

It orginally was assault

Michael  Mayoral
Michael Mayoral
answered on Feb 16, 2022

A conviction for the misdemeanor of disorderly conduct should not prevent the issuance of a concealed weapons permit.

1 Answer | Asked in Real Estate Law for Florida on
Q: We are currently building a home with a reputable builder; however, the home is still not built, it has been over 1yr

We purchase in Jan 2021 and were planning on this being our primary residence and sold our other home in Nov 2021. We moved in with our daughter and family to wait out the build, which has been a moving target. First it was Aug 21, Oct 21, Dec 21, now Mar 22. We really would like to stay living... View More

Michael  Mayoral
Michael Mayoral
answered on Feb 16, 2022

Consult a real estate attorney with all of the specifics of your matter, but it doesn't appear to be fraud if you *intended* for it to be your primary residence when you got the mortgage.

1 Answer | Asked in Criminal Law for Florida on
Q: The state is prosecuting on possession of weapon and aggravated assault with deadly weapon. The victims has recanted and

There wasn’t a gun to recover but a person claim the seen the defendant with a gun and is the only one that is constantly saying so. The state says they don’t believe the victims recant so they proceeded with the case. Why is this possible?

Michael  Mayoral
Michael Mayoral
answered on Feb 16, 2022

There appear to be two witnesses here. One witnessed the assault (the victim). The other witnessed the defendant in possession of a firearm (the other witness). There is nothing to stop the state from attempting to prove the charge. There isn't a motion to dismiss or something like that that... View More

3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: What paperwork do I need to file for a breach of contract due to theft of over $26,000

What part of the court does the paperwork get filed through, and do I need an attorney

Michael  Mayoral
Michael Mayoral
answered on Feb 16, 2022

I highly recommend hiring an attorney for a breach of contract claim. There may also be grounds for a claim of civil theft, which may provide for triple damages.

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1 Answer | Asked in Criminal Law for Florida on
Q: How common is it for an adult with clean record, convicted of petit theft 1st degree in FL to get withheld adjudication?

If an adult had no prior arrests and no crikinal history retains an experienced lawyer is it likely they would qualify for withheld adjudication or not? Is it common or rare?

Edit to correct the word convicted in the question to charged.

Michael  Mayoral
Michael Mayoral
answered on Feb 15, 2022

It depends what you mean as to conviction. If you go to trial and lose, the result will generally be an "adjudication." However, if you are talking about entering into a plea agreement, it is very common to be offered a withhold of adjudication on a first offense. Most state... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: When can a new landlord start charging me rent when I already live on the property?

I was paying rent to someone else but a new owner acquired the property soon after I moved in. But it's taken them some time to show proof of ownership, like more than a month.

Michael  Mayoral
Michael Mayoral
answered on Feb 11, 2022

Most likely, if you had a lease agreement with the prior landlord, that landlord "assigned" the lease to the new owner. The answer really depends on if you have a lease, what that lease says, if the lease was assigned, and possibly other factors. I would at least ask for proof of... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: What document can I complete to protect myself from a tenant who’s doesn’t want to move because I have to repair floors?

The tiles have been popping up due to some actions I believe the assoc took by running some piping under the building to fix a plumbing issue in the building. This is my speculation and I think I’m correct because I don’t have a leak and tiles don’t just pop up like that but i can’t prove... View More

Michael  Mayoral
Michael Mayoral
answered on Feb 11, 2022

It sounds you are looking for a custom-tailored waiver of liability/liability waiver. It is advisable for you to hire an attorney to draft one for you, and to analyze the whole issue.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Condo owner refuses to repair/replace HVAC unit - what recourse do we have?

We are an elderly couple that leased a condo with central heat/air. The lease does not stipulate that we are responsible for any HVAC maintenance or repair. Three weeks ago the 25 yr old HVAC system burned out. A licensed technician told the owner it required replacement but she is refusing to... View More

Michael  Mayoral
Michael Mayoral
answered on Feb 11, 2022

You need to contact a landlord-tenant attorney right away. You may be able to threaten to sue, sue, and/or withhold rent, but you need to follow the correct procedures regarding notice to your landlord. You also want an attorney to review the lease.

Regarding Florida law, Florida Statute...
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1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Florida on
Q: Do you get a lawyer if they offer you PTI but you have never been assigned a lawyer

I was arrested on 1129 my charges to begin with was if you look online at Washington county clerk of Court was possession of a controlled substance without prescription and drug paraphernalia will they change our first appearance to possession of synthetic marijuana and paraphernalia then they... View More

Michael  Mayoral
Michael Mayoral
answered on Feb 10, 2022

You definitely have the right to be appointed a public defender on a felony charge. Contact your local public defender's office or hire a criminal defense attorney. You definitely want to have an attorney explain the ramifications of any agreement with the State, even if its PTI.

1 Answer | Asked in Uncategorized for Florida on
Q: I wanted to know what kind of repercussion i can be facing for FAIL TO PAY CT FINANCIAL OBLIGATION. I got pulled over

previously on probation had restitution to pay and due to lack of work and other covid issues within my household i couldnt make payment in time. Then a month ago i was pulled over and given a ticket cause I was unaware there was a suspension due to FAIL TO PAY CT FINANCIAL OBLIGATION. And i want... View More

Michael  Mayoral
Michael Mayoral
answered on Feb 10, 2022

If its a criminal infraction (DWLS with knowledge) and you are on probation, then it will count as a violation of your probation.

If it is not a criminal infraction (DWLS without knowledge) then it is not a crime and can't violate your probation and you can't get any jail time for...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: If someone takes over my part of the least do I get my security deposit and last months rent back from new tenant
Michael  Mayoral
Michael Mayoral
answered on Feb 10, 2022

It depends on the documents involved in this transaction, involving the original lease agreement and any sublease or assignment you may have signed with the new tenant. Contact a landlord tenant attorney.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Ok. So what if the same DCF worker/investigator and her supervisor both no longer work there what am I supposed to do
Michael  Mayoral
Michael Mayoral
answered on Feb 10, 2022

Contact their office, provide the relevant case number, and ask who is in charge of handling the matter now. They should just appoint a new DCF worker and supervisor to handle it.

1 Answer | Asked in Business Law, Civil Litigation and Criminal Law for Florida on
Q: Can a contract(s) that violate the terms of an unenforceable and illegal (civil) contract serve as the basis

for a federal criminal charge?

Michael  Mayoral
Michael Mayoral
answered on Feb 10, 2022

That is a very vague question. Generally speaking, one needs to commit an enumerated federal offense to be charged with a federal crime.

Contracts can be deemed to be, or referred to as, "illegal/not legal" or "unenforceable" without an actual crime being involved....
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2 Answers | Asked in Real Estate Law for Florida on
Q: What is the obligation of the seller if the sales contract states the following:

“Both buyer and seller agree that upon appraisal if the appraisal is less than the contract price then a new purchase price will be negotiated”

With this verbiage added to the contract what obligations under the real estate laws of the State of Florida would the seller be held to?

Michael  Mayoral
Michael Mayoral
answered on Feb 10, 2022

At first glance, it means that if the appraisal comes in at less than the contract price, then the contract is essentially terminated as there is no meeting of the minds as to an essential term of the contract. The confusing part is that it says "then a new purchase price will be... View More

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3 Answers | Asked in Contracts and Consumer Law for Florida on
Q: If I trade in my car to a dealership and get a new car, then after a few days i’m told they gave me the wrong numbers

and that i owe an additional $20,000 on the car i downgraded to. does their mistake fall onto me? if i don’t go back in, will i be held legally responsible for the missing $20k on my loan pay off that they over looked?

Michael  Mayoral
Michael Mayoral
answered on Feb 10, 2022

This issue will completely depend on the terms and figures on the written agreements and/or contracts that you and the dealership executed. You would be well advised to consult with a contracts attorney before signing any additional documents with the dealership or making any other agreements on... View More

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