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Questions Answered by Bruce Alexander Minnick
2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: If I signed a contract to hold until at date and received a down payment to do so and it was broken on the persons

Behalf can I keep the money they gave me if they didn’t contact me until later

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2020

READ the written contract. If it says the buyer forfeits their deposit if the deal does not close by a date certain, that would be good news for you. However, if the written contract is silent on the issue you might not want to do it.

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1 Answer | Asked in Tax Law for Florida on
Q: My husband has a tax lien attached to his ss#. Can we sell and move without the irs taking the owed money

Can the lien just follow him to the new house .

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 7, 2020

Once the IRS attaches someone's Social Security Account for non-payment of back taxes, the lien will remain attached to the SS Account until the amount of back taxes owed--plus all assessed late penalties and interest owed--is repaid in full. Moving will not change anything.

1 Answer | Asked in Family Law for Florida on
Q: This question is for FL Family Lawyer. If I have school designation, do I need my co-parent’s approval b4 registering

I would like to know if my co-parent need to agree to the school that’s in my district if we have a court order which states that I have school designation as long as it’s an A school in my current district, the school is both, but my co-parent wants to take me to court bc he doesn’t agree.... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

Obey the Final Order entered in your divorce.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Am I owed compensation for concessions promised in my apartment lease that are not being provided due to COVID-19?

My apartment lease agreement had incentives including a one-year Brightline train pass. Due to COVID-19, the train has not been running for 3+ months. The value of a train pass is roughly $450/month when paying on a regular monthly plan. Since this is a benefit that was in our lease as an incentive... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

Yes, depending upon the specific language in the written lease. Hire a lawyer to advise you.

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1 Answer | Asked in Family Law for Florida on
Q: How many days to respond to the Financial Form Affidavit, child support etc if served with petition for divorce in FL?

How many days to respond to the Financial Form Affidavit, child support etc if served with petition for divorce in FL? I know that it is 20 days to respond to petition but is it the same for the Financial Affidavit, Child Support Worksheet and Parenting Plan if served with the Petition? I am pro se... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

If you want this lawsuit over then file an answer in the court and serve the financial affIdavit with the service copy of the Complaint. Do not send a copy to the Court.

1 Answer | Asked in Contracts, Family Law, Child Custody and Civil Litigation for Indiana on
Q: How do I obtain previously recorded phone calls of myself when I was incarcerated in order to use them in court?

I'm trying to obtain a transcript or audio of these calls and have been informed Indiana law allows me to as they are public record.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

In Florida all you have to do is ask in writing.

1 Answer | Asked in Contracts on
Q: Is John under any legal obligation to fulfil his promise to his sister?

John who is 65 years old, promised to pay for his sister’s wedding at a hotel in Bali. He has now changed his mind. Is John under any legal obligation to fulfil his promise to his sister?

A. Yes, John’s consent was freely given by him

B. Yes, there is a fiduciary relation... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

E. Law students should study instead of seeking answers online.

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Is my landlord required to change an outlet?

I moved into a house in Florida and after I moved I purchased a washer and dryer. I found that the outlet that was supposed to be used for the dryer doesn't fit because it was meant for a recreational vehicle. Is the landlord required to provide a usable outlet for the appliance?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 5, 2020

Before asking the landlord I would re-read your written lease to see if it mentions “washer and dryer hookups.” If it does your request will have a much better chance of being honored-because the lease could be interpreted to do so.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Code compliance was contacted about electric split to another building My rent was raised $200 the same day. Retalitory.

This is the text my landlord sent 'Giselle said thanks to whoever call code enforcement on me that's the reason rent is going up .the city said I can't rent I guess it was a waist of $.i don't need a permit to do renovation inside my house.but I understand now and I went and got... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 3, 2020

Wow. Sounds like you should start moving and get away from that awful landlord, because you are getting the shaft.

However, unless you have a written lease agreement controlling the amount of monthly rent the landlord can do whatever they want to do--Including evicting you for not paying...
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1 Answer | Asked in Tax Law for Florida on
Q: Social Security Tax Fraud?

This makes no sense but let's say someone is 64 and trying to help their future social security. They have a failing business and process payroll for themselves every week. They pay all taxes like they are earning income, but they never cash their pay checks. They are process payroll... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 2, 2020

You are correct: It makes no sense.

Individuals cannot increase the amount of their annual or monthly Social Security benefits by creating imaginary payroll checks and not cashing them--unless they pay the payroll taxes associated with each bogus check. The Social Security Administration...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: My wife and I have asked our daughter her BF and their baby to vacate our home. They say they have 30 days to do so.

They got evicted from their last residence and we took them in asking nothing in return 3 mos ago so they could save money to be independent quicker. After a while they became belligerent and disrespectful to the point of non tolerance on our part. We asked them to leave which resulted in a verbal... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 2, 2020

Yes, but from what you said about how belligerent and confrontational they have already demonstrated I would suggest you hold them to their word, wait the full 30 days and then see if you need to do anything else.

1 Answer | Asked in Family Law for Florida on
Q: Im trying to get in-state tuition for Florida. The problem is I’m not a Florida resident. My dad is though.

He doesn’t want to give me the documents proving he’s a Florida resident because he always wanted to complicate my life. Plus he never paid child support. Is there something I can do to get my right of in-state tuition?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 2, 2020

Yes, you can do what all other out-of-state students usually do: Wait until you satisfy the rules for in-state tuition.

1 Answer | Asked in Employment Law for Florida on
Q: Employment Law - if I'm self-employed (as an LLC) - am I entitled to unemployment benefits under COVID?

I am under an LLC (one member) and provided earnings for one year. My Notice of Monetary Determination shows reason ineligible because of "No Florida Wages". Under normal circumstances, I obviously would not have applied but because of Covid, I had to close my business and I thought... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

No one is entitled to any unemployment benefits unless the company they worked for has paid all the payroll taxes covering your employment. So if your LLC was the employee it is very unlikely that whoever "employed" you paid Florida's payroll taxes for you. If your LLC paid the... Read more »

1 Answer | Asked in Contracts and Land Use & Zoning for Florida on
Q: Is it normal to pay to break a lease a a month and a half before your move in date?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

No. However, many people are having to do that these days--because of the pandemic.

1 Answer | Asked in Civil Litigation, Contracts and Landlord - Tenant for Florida on
Q: On my lease I was required to provide a 60 day notice to vacate . I sent a 30 day notice. Is there anything I can do?

My lease end date is for July 5th. I sent a notice on June 5th as we were not sure if the Covid cases will continue to increase/ decrease before our move out date. I have moved out of the apartments last week. Is it possible to fight the system as I don't think I can manage 2 rent payments at... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

No lawyer can solve a problem that has not happened. So if you are still planning to move on July 5, you will need to wait to see what the landlord is going to do after you move out An option would be to stay put, and then see what happens. That will make you a 30 day tenant not encumbered by any... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am living in a condo complex and my AC and the building's AC unit (which impacts mine) were broken

My landlord fixed my room AC the best she could, but it's the building's AC unit that is making mine at less than 100% functioning. The part to fix it has been delayed 3 times and i can't live in my place because it is too hot. Is there a way to get out of my lease if my AC is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 1, 2020

As long as your landlord is not refusing to fix all the problems you have no grounds to break your written lease. If you want to insure your rights you can write a cordial letter to the landlord, explaining the entire situation and asking them to give you a date certain when all the A/C problems... Read more »

1 Answer | Asked in Contracts and Business Law on
Q: What legal advice could be given on this matter?

Donald heard about the advertisement, via a friend and immediately logged on to Clinton’s web page for further details. Donald immediately thereafter called 800-MOON and booked his trip for December 22nd 2020, he later called Clinton Public Company Limited and informed them that he no longer... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 28, 2020

Donald needs to start packing for the trip he purchased.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Eviction warning

I received a Month-to-Month lease termination on June 18 which states "No rent will be due on June 30 will be taken from deposit." Based on 83.57 the time frame to vacate would be by the end of July. I was told by the landlord that if I do not pay for July he would start the eviction... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 28, 2020

The landlord has applied your deposit to the June rent you never paid. Unless the deposit was not enough you will have to pay the difference before June 30.

2 Answers | Asked in Business Law for Florida on
Q: Public info vs NDA

After years I realized that my payroll was being deducted purposely for work expenses such as hotels, online search fees, and even $10.00 for late reports. I confronted management and was fully reimbursed all expenses fully. I was required to sign a NDA which did NOT state the reason for the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2020

Reading between the lines: If you are thinking about talking to other employees of your former employer and planning to warn them about the (questionable) actions of their employer in deducting stuff they should not deduct, my advice to you is to stop, turn around and run away. Unless you want... Read more »

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3 Answers | Asked in Business Law for Florida on
Q: I own a business with my family. We are fighting. How do we split the business or what rights do I have

Mom and me and my brother are listed as owners

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 26, 2020

The fastest and best way is to hire an experienced business lawyer to help you and your relatives "split the business."

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