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Questions Answered by Ellen Pilelsky
2 Answers | Asked in Estate Planning and Real Estate Law for Florida on
Q: Can the HOA in Florida landscape your (rented) lawn without your approval?

Hello! Not super important, but the HOA (to be clear, NOT our landlords landscapers) came and dug up all of the ground plants against the home we are renting, and trimmed all of the fauna and trees, without our permission. All growing areas were covered with mulch as well. I loved the plants in our... Read more »

Ellen Pilelsky
Ellen Pilelsky answered on Nov 2, 2020

One would need to review the HOA documents as well as your particular lease. Generally, issues such as landscaping and overall maintenance are included in the HOA docs as well as penalties should the HOA docs not be followed. Your lease may contain language regarding maintenance of the property,... Read more »

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3 Answers | Asked in Business Law and Contracts for Florida on
Q: Can a business put on the fine print of their contract that clients can never post negative reviews online?

And if they do post a negative review can the business sue that client?

Ellen Pilelsky
Ellen Pilelsky answered on Jul 29, 2019

While a business may place its policy in fine print, the question is if that policy is enforceable. One must review the entire contract, and make sure that (s)he acknowledges and accepts its content. On a practical level, it would not make sense for a business to contemplate suing a client for a... Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for California on
Q: Is the sublease contract still valid?

I signed a sublease agreement but shortly after (2 weeks later) I was told by management that subleasing was not allowed and that we would be receiving an eviction notice in the near future. Is the sublease contract that I signed void? or is still still legally binding even though it was against... Read more »

Ellen Pilelsky
Ellen Pilelsky answered on Jul 2, 2019

A review of the underlying lease should provide the answer as to whether a sublease is allowable within the confines of your lease. If in fact there is a provision not allowing for a sublease, then your sublease agreement with the lessee is not valid.

2 Answers | Asked in Contracts for Florida on
Q: Hi, I am in a work contract and my employer has refused to pay me after working for 2 weeks. Is my contract now null?
Ellen Pilelsky
Ellen Pilelsky answered on Jul 2, 2019

It would be helpful to review the terms of your "work contract." If you have an actual employment contract, the terms of your employment should be incorporated, especially terms concerning breaches of the contract and your rights pursuant to the contract . More information is needed... Read more »

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