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Questions Answered by Linda Liang
1 Answer | Asked in Real Estate Law for Florida on
Q: Scenario for a $10,000+ water damage problem in a condominium. Who is responsible?

Jill (pseudonym) suddenly finds the condo water was shut off. She leaves her apartment, and returns to find her bathroom floor flooded. Upset that the faucet was accidentally left on, she mops up thoroughly.

Six days later she gets a text from resident below saying there is extreme water... View More

Linda Liang
Linda Liang
answered on Oct 29, 2024

Unfortunately, Jill should be responsible for repairing Bob's bathroom damage. If there is a question regarding the extent of the damage caused by the leakage and the mitigation that Bob should have done (is there?), the damage can be reduced.

As far as the app is concerned, Jill may...
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1 Answer | Asked in Contracts and Employment Law for Florida on
Q: What are the laws regarding termination of an emplyee contract?

My husband was hired by a company as an independent contractor. He was told that this means no benifits and no taxes taken out of his check. He agreed to those terms and signed the contract, however he was used as an employee. He worked 9-5 Mon - Friday under their supervision. He was never treated... View More

Linda Liang
Linda Liang
answered on Oct 18, 2024

Because your husband has been working 9-5, he is an employee, even though the employment agreement calls him an independent contractor. He is owed benefits.

As far as firing is concerned, because Florida is an at-will state, meaning both employers and employees can terminate the agreement...
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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: We are looking at purchasing a piece of land in FL. My question is on road extension to get to the property.

There are so many similar pieces of land for sale that appear to be in the middle of nowhere, some are somewhat near an existing road. My question is, who’s responsible for extending a road to reach a property? When I asked about the cost of 1000 feet of road, I was told 25k for architect and... View More

Linda Liang
Linda Liang
answered on Jun 19, 2024

The answer to this question depends on whose property this road is to cross. If the property belongs someone else, you have to obtain an easement, right to use, from the owner. If the property belongs to the city, you may want to talk to the city.

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Hello, our rental lease ends on 7/28/24 and we've decided not to renew nad provided a 60day notice on 6/3.

Hello, our rental lease ends on 7/28/24 and we've decided not to renew and provided a 60day notice on 6/3 which is less than the 60 days they required which means month to month lease will go a few days into August. Our landord (Invitation Homes) advised me they will charge the whole month of... View More

Linda Liang
Linda Liang
answered on Jun 17, 2024

Whether they have a right to charge pro-rated rent as liquidated damage depends on wehther the lease has a liquidated damage clause and what it says. Rule of the thumb is charging two months of rent as liquidated damage is considered reasonable in the residential lease enviorment.

2 Answers | Asked in Immigration Law for Florida on
Q: Designated Representative for N-648 case

My sister is a lawful permanent resident who has Down syndrome. I am currently in the process of submitting the N-400 application for Naturalization on her behalf. We have obtained the signed N-648 form from her physician. My mother, who serves as my sister's primary caregiver, is willing to... View More

Linda Liang
Linda Liang
answered on Jun 17, 2024

When an oath waiver is provided, a legal guardian, surrogate, or designated representative signs on behalf of an applicant who is unable to understand or communicate an understanding of the Oath of Allegiance because of a physical or developmental disability or mental impairment.

Persons...
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2 Answers | Asked in Family Law, Probate and Landlord - Tenant for Florida on
Q: How do I evict my fathers live in girlfriend of 2-3 years since my father did not leave a will?

My father passed on May 26. He had recently sold a property so he should've had funds to cover his funeral cost. His live in girlfriend says that he only had $1 in the bank. The week before he died they argued about $150,000 he had at home that suddenly disappeared. My father had cameras at... View More

Linda Liang
Linda Liang
answered on May 30, 2024

I suspect she has a lease to live on the property. The correct process is ejectment. To do that, someone has to receive the ownership of the property. In that sense, you need to work with a probate attorney and a real estate attorney. If you are in a position to hire one, you are welcome to... View More

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1 Answer | Asked in Consumer Law, Contracts and Car Accidents for Florida on
Q: What are my options if my GAP insurance doesnt want to Cover my Balance after a total loss in FL?

I was in an accident and received no citations but my car was declared a total loss. I was promised no storage fees from the body shop my vehicle was held in while waiting for a decision from insurance. They ended up chsrging over $5k in storage fees which my insurance then deducted from the... View More

Linda Liang
Linda Liang
answered on May 3, 2024

Unfortunately, this does happen. The storage facility will charge storage and unless you got the promise that there were not going to be storage charges in writing it will not be binding. GAP Insurance ordinarily covers the “gap” between what is owed in the vehicle and the fair market value the... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My Ex wife hired an Au pair after the divorce without consulting me and now she wants me to pay for it, Florida

Our schedule is 50/50 the first 15 days of the month Ive the kids and the remaining she have them, I don't need child care during my time because I'm off from work but she wants the child care calculated on the 100% for the au pair fee which is $1700 a month also I don't have access... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

Parenting plan in divorce matter usually address the actual amount needed when it comes to child support. I am curious as to how you are forced to pay for service you do not agree to. You can refuse to pay for the service if it is beyond the arrangement of your divorce decree.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Mobile home

Hello. I bought mobile home in trailer park in Florida 19 years ago. I had lease for one year which was automaticly renewed each year. About year ago my landlord wanted sale the property and gave me 2 months to get finances. I asked him for more time but I got no answer and after 2 months was the... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

You said you bought mobile home 19 years ago, then the landlord wanted the sell the property. What is the property? The land? The landlord want you to get finance? for what? to purchase the land? How come you became homeless if the land is sold?

it seems that you are not very clear as to...
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2 Answers | Asked in Workers' Compensation and Employment Law for Florida on
Q: Pay billable after resignation that were billed months prior

I am resigning from a law firm in Florida that I have required billables (workers comp), but payment from those billable hours can take up to 3 months sometimes. Am I entitled to everything I billed for before my resignation. My firm only wants to pay what ever comes in up to my last day and... View More

Linda Liang
Linda Liang
answered on Mar 27, 2024

The answer is in your employment agreement. The question you want to ask is on what ground the firm may have to pay you until your last day. Isn't the last day normally after the resignation day?

Anyways, it seems that this is a breach of contract case. You should examine your...
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3 Answers | Asked in Intellectual Property, Copyright and Trademark for Florida on
Q: Can an organization copyright specific words as part of a business name vs. logo?

We recently set up an LLC for Salt Life Aesthetics and Specialty Care as well as the domain saltlifecare.com since then we've received both an email and certified letter from Salt Life, LLC demanding we cease and decease using "Salt Life" in our business name. Meanwhile there are... View More

Linda Liang
Linda Liang
answered on Mar 26, 2024

It depends. A close examination of their request is warranted. If their registered trademark covers the service you provide, and your use of your business name "is likely to cause confusion in the minds of consumers about the source or sponsorship of the goods or services offered under the... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Are apartments able to rent out my occupied apartment while we are still under lease?

we did give them 60 days notice to vacate but where unable to secure another place to live. We went the office yesterday March 11, wanting to renew our lease that ends on the March 18 and we were told they already rented our my families apartment to some else. Now they are waiting to reach the... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

Yes and no. If you look at the lease closely, there should be a provision discussing requirement for notice for renewal. If the lease requires you to give a notice but you did not, they can sign a new lease assuming you are not to renew. If the lease does not state you should give a notice, you... View More

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1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: question about Failure to Prosecute. Fla. R. Civ. P. 1.420 (e).

American Express sued me 1/14/2022 for a personal loan that I had not approved nor requested.

In Feb 2023 AMEX realizing they had a loser case offered to have the case dismissed with prejudice. I agreed to this because I could get derogatory statements removed on my credit report with... View More

Linda Liang
Linda Liang
answered on Mar 12, 2024

It seems that your attorney owes you a better explanation. Basically, Mere inaction for a period of less than 1 year

shall not be sufficient cause for dismissal for failure to prosecute. " Fla R. Civ P. 1.420(e) requires a clerk to send a notice of lack of prosecution and wait for 60...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can I sue my leasing company for unsafe conditions such as no fire alarm or carbon dioxide detectors?

After living in my rented single family home for over 3 years I was sitting in my kitchen speaking of fire alarms and noticed I do not have 1 single alarm in my house. Is that legal? Can I sue?

Linda Liang
Linda Liang
answered on Feb 8, 2024

The question comes down to whether you have right to have a fire alarm installed in your apartment. Apparently you do. If they refuse after you requesting repeatedly, of courser you may ask the court for an order for them to install one.

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1 Answer | Asked in Contracts for Florida on
Q: We signed a contract for a rental in Anna Maria Island, Florida for 10/15/24-10/30/24. The owner canceled

The contract says all cancellations will result in a forfeiture of all monies paid. The owner cancelled our reservations on 9/30/24 due to damages from Hurricane Helene (Hurricane Milton did further damage after that). We received an email on 10/4/24 stating this also and it said we would receive a... View More

Linda Liang
Linda Liang
answered on Nov 14, 2024

Did you pay with a credit card? If so, you can dispute it through your bank.

If not, you can send them a lawyer's demand letter stating that their failure to pay constitutes a breach of contract and that there will be consequences if they do not pay.

1 Answer | Asked in Contracts, Employment Law and Business Law for Florida on
Q: What can i do for a contract and work issues, because me and my wife got pregnant

Me and my wife have a business issue with our partners.

We purchased 25% stack from a company and we work there too, we get 1099 for paychecks, W2 from the company, and dividend in wire transfer.

We get pregnant and now the other partners say we break the contract and they dont... View More

Linda Liang
Linda Liang
answered on Nov 14, 2024

This does not make sense. Dividends are profit shares disturbed to investors. I can't imagine how pregnancy relates to an investor's entitlement to profit share. You need an attorney to tell them that it is a breach of an investment agreement if they fail to pay you, and there will be... View More

3 Answers | Asked in Foreclosure and Real Estate Law for Florida on
Q: Sold property to a friend. He said he was going to sell. It and he said had a contract, I hold the mortgage

he has not paid Octobers payment in full. I haven’t heard from him. Has been late for since the beginning. And November is due in two days. I cannot contact him or get a hold of him at all. Can I foreclose?

Linda Liang
Linda Liang
answered on Nov 11, 2024

It depends on the nature of the contract. If the contract is indeed a seller financing agreement, you may. You should schedule a call with a lawyer to review the contract.

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2 Answers | Asked in Probate for Florida on
Q: Am PR for 3 years and feel need to make attorney change. Can I lawfully seek legal consult with others before firing?

Current attorney is non-responsive with same patterns for 3 years. I need help!!

Linda Liang
Linda Liang
answered on Nov 6, 2024

You can fire the attorney. You should find one first; the new one can help you get the documents.

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5 Answers | Asked in Immigration Law for Florida on
Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

My British husband is visiting me and our two year old daughter in the US, he is currently on a 90 day travel visa which expires on December 13th next month. Due to our daughter's age and my busy work schedule, we require his support and assistance. I would like to apply for his permanent... View More

Linda Liang
Linda Liang
answered on Nov 5, 2024

It is essential to know what you mean by a "90-day" travel visa. If you mean visa exemption, you can't file an I-485. Regarding other requirements to be met, you should at least have your package reviewed by an attorney because every case differs.

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3 Answers | Asked in Immigration Law for Florida on
Q: My daughter is getting out of prison after 20yrs and she has an ice hold what do I need to do
Linda Liang
Linda Liang
answered on Nov 4, 2024

Having an ICE hold means she has violated immigration law. Certain reliefs may be available to her. You should talk to an immigration attorney.

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