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Questions Answered by Terrence H Thorgaard
1 Answer | Asked in Landlord - Tenant for Florida on
Q: does a landlord have to provide you with notice of a warning sent to them from the hoa?

the hoa sent a warning to the property manager/landlord about a broken blind, they did not give me the warning stating they do not have to, however when the hoa followed up for compliance they seen that it was still broken and issued a fine, which was passed to me.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 15, 2021

Don't pay the fine. It's up to your landlord to pay it. If your landlord wants to be reimbursed by you, the landlord will have to be able to demonstrate that you were given notice and that your lease requires you to pay it.

1 Answer | Asked in Real Estate Law and Construction Law for Florida on
Q: HOA asking me to sign an agreement that removes my door/window from common elements. Do I have to sign?

A report from the HOA's engineer states that the HOA's replacement window and my current window is the same in kind and quality.

I replaced my sliding door and window in 2016 to impact windows (cat 5 and up). These hurricane window standards have not been changed. The condo docs... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2021

It comes down to this: do you want the HOA to be responsible for damaged windows or do you want to assume the responsibility? If you want the HOA to be responsible, don't sign the agreement.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Tenants failed to use ventilation in the bathroom and improper setting of dual thermostats caused molds in the property.

Hired three technicians and they all stated attic is well insulated and that hvac and ac unit are clean and functioning properly. All technicians concluded that setting the thermostat to 72 upstairs and 67 downstairs created excessive condensation that led to mold.

Per mold... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2021

Unless the property manager is also an attorney, he or she cannot represent you in court. You may, of course, be able to require them to find a Florida attorney for you and to appear in court to testify. That would depend on the terms of their contract.

Can you document that the tenants...
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1 Answer | Asked in Public Benefits and Real Estate Law for Florida on
Q: This is in question of a land grab through a private person, selling to a public entity, thus the public interest.

Can a partial release of an easement be acquired and not held against those whose actual property is not adjacent to the original easement in question?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 14, 2021

What?

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: If I received a citation to appear in court, is this considered an arrest when I asked " If I've been arrested"?

I received a citation to appear in court by a police officer for a misdemeanor petit thief. I went to court (never to jail) and then the charges were eventually dropped. Now I am going for my interview for my USA Citizenship. When they ask me "if I have been arrested"; can I still say... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2021

No, it's not an arrest.

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1 Answer | Asked in Criminal Law for Florida on
Q: Where can I apply to reduce or forgive my federal court-ordered debt? Name: Galal Ramadan email: gramadan2017@gmail.com
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2021

If by "federal court-ordered debt" you mean a judgment against you entered in a U.S. District Court, you could file for bankruptcy protection.

1 Answer | Asked in Employment Law for Florida on
Q: Is it required for an employer to notify an employee beforehand of wage garnishments in the state of Florida ?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2021

Before what? Normally garnishment proceedings are instituted when a writ of garnishment is served on the employer; the employer would not know before that.

1 Answer | Asked in Family Law and Child Custody for Florida on
Q: I live in Florida, but my children spend most of the year in ND. The kids want to live with me. What do I need to do?

Their mother has denied mental health services to our daughter, who has been battling depression, stating that there’s nothing wrong. Mother is verbally and mentally abusive, as witnessed by both of my children. Step father is a good man and tries to help but can’t do much. They’re begging to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2021

Consult with a family law attorney in North Dakota.

2 Answers | Asked in Civil Litigation for Florida on
Q: Motion for Enlarged Extension?

I had a special set hearing scheduled and the plaintiff filed a motion for an enlarged extension of time due to COVID 19. Can I make the plaintiff produce medical documentation if I believe they are lying and just attempting to delay the hearing?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 13, 2021

By the way, the question contains a redundancy: "enlargement of time" (which sounds like something a physicist such as Einstein might have theorized about) and "extension of time" mean the same thing.

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2 Answers | Asked in Car Accidents and Personal Injury for Florida on
Q: Can a personal injury case be filed in Florida if a case was already settled but only PIP from both ins was received?

The responsible party’s PIP was received, my PIP was fought for (only to be finally given the full amount due to a surgery being deemed necessary), but then my case was settled by my attorney. No further compensation was fought for or received. I had to have more surgeries after that and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 12, 2021

No, if it was settled you cannot recover twice.

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1 Answer | Asked in Real Estate Law for Florida on
Q: I am co borrower on a heloc. My wife died and left the house to her daughter, who was also executor of the estate.

I am now the sole name on the loan, but I am not on the title. The executor /beneficiary refused to take out a loan to pay off the heloc balance, and has me paying the minimum payment plus $200 principle, plus taxes and home owners insurance as my lease. She did not give me life estate, even though... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 11, 2021

What good would it do you to get the property in your name? It appears that your step-daughter has no interest in refinancing as long as you are making the payments. You are in the same position as any rental tenant, you have the choice of continuing to pay what is in effect rent, or move; with... Read more »

1 Answer | Asked in Traffic Tickets for Florida on
Q: License suspended in Florida

Hello everyone,

I got a speeding ticket in Georgia and my license got suspended due to failed to appear (I have florida driver license) i have got an attorney in Georgia(he only practice in Georgia and he's not aware of Florida low), and the state offers me if i play guilty i can ask... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 8, 2021

That's what you have an attorney for; ask your Georgia attorney.

1 Answer | Asked in Health Care Law for Florida on
Q: I was kicked out of my doctors office today because I took my pain pills as needed and have some left over and shouldn’t

I have been on pain pills since 1990. I have arachnoiditis and take pills as needed. The last 2 visits he asked me how many I take a day. It depends if I need it or not. I lay in bed all day. I said sometimes I only take 2 a day because that is all I need and he kicked me out of his office and... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 7, 2021

No physician is required to continue treating a patient, especially if the physician feels that to continue treating the patient and prescribing medication would violate his professional standards. You can always try to find another physician who agrees with you regarding the proper course of... Read more »

2 Answers | Asked in Bankruptcy for Florida on
Q: Can a land trust trustee who files personal chapter 7 bankruptcy be trustee of our trust. Court abandoned his property

in the trust. I own other 50%. How can I remove him if he can be trustee. Property in FL

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 7, 2021

Yes, the fact that he has filed for bankruptcy protection shouldn't really affect his ability to carry out his duties as trustee. If you feel there are grounds under state (non-bankruptcy) law to remove him you can apply to the state courts to remove and replace him.

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1 Answer | Asked in Child Custody and Child Support for Florida on
Q: My grandson is moving to Florida with his dad from Indiana. His dad has 5 other kids in the house.

He wants to stop paying child support even tho Hunter’s never stayed with him longer than 2 weeks. I don’t think he’ll stay down there too long. If the judge orders payments to stop, how difficult will it be to get child support now that his dad moved from Kentucky to Florida?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 6, 2021

If an Indiana court has ordered the father to pay child support, it would be up to that court to modify the support order, if that court finds that child support should be modified. In the mean time, the person to whom the support is payable can contact the Florida Department of Revenue to assist... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: I work a firework tent. Is it legal to refuse to pay me if my fireworks tent was robbed?

Fireworks were stolen from the firework tent I run. My employer is refusing to pay me.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2021

If you were hired by the hour, and you worked those hours, no, your employer can't refuse to pay you your wages.

1 Answer | Asked in Real Estate Law for Florida on
Q: I thought by law a room had to have a closet to be called a bedroom. Am I wrong?
Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 4, 2021

Yes, I think you're wrong. You can call the room anything you want. But it seems to me that if you put a bed in it and someone regularly sleeps in that bed, it's a bedroom. An armoire, for example, is a good substitute for a closet.

The word "bedroom" is defined as...
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1 Answer | Asked in Intellectual Property and Probate for Florida on
Q: Need help with wrong will and probate not started for a gift deed and gift property how do I go about legalizing 2probat

2 time property has been up for probate having character issues with the children and they will not produce a will for my house or property and I’m in the will and my taxes are paid theirs is not I own half of their property and paid but they blocking me thru conflict

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 3, 2021

What you are trying to ask is very unclear, but if the property was transferred by deed (from the decedent who owned the property) before the decedent died, a will would probably not have any effect upon title to the property.

1 Answer | Asked in Uncategorized for Florida on
Q: I was given a house by my godfathers sisters and brothers . I filed the quit claim deed with the court in Florida

Their names are still appearing on the tax records . How do i have their names removed. Can i file a warranty deed to do this?

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 2, 2021

Contact the tax appraiser's office and ask what, if anything, you need to do.

2 Answers | Asked in Divorce, Family Law and Banking for Florida on
Q: My ex took all the stimulus check that was a joint stimulus out of the joint account. What can I do about that?

Me and my ex recently divorced. Papers haven’t been signed but judge ruled. We still have a joint account, which the stimulus was deposited into. My ex transferred the entire amount to his own account and left me with nothing.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 2, 2021

What do the "papers" provide for with respect to the joint account?

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