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Questions Answered by Linda Liang
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 Construction Law and Contracts for Florida on
Q: I need to help in canceling Pool Contract after 72hrs expire

I hired a pool contractor in Miami to build a pool and gave 20% down ($10K). In the permitting process, it was discovered that previous owners had enclosed the garage without a permit. The pool permit was rejected. The city of Miami's process to get this fixed takes over two years. I informed... View More

Linda Liang
Linda Liang
answered on Nov 9, 2022

This clause does not apply here. This clause reads IF OWNER FAILS OR REFUSES TO PERMIT DELIVERY OF MATERIALS .... INTERRUPTS OR INTERFERES WITH CONTRACTOR ......CONTRACTOR WILL BE DUE A SUM EQUAL TO 25% OF TOTAL CONTRACT PRICE". You did not fail to do anything or refuse to do anything. You are... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Florida on
Q: What should I do if a contractor never completes the agreed upon work?

I hired a company to replace the windows and sliding glass doors in my home with high-impact hurricane glass. My home is in Bradenton, FL.

Agreement was signed in April 2021. The work was started, but is still not fully completed. I have already paid half the agreed upon costs. I... View More

Linda Liang
Linda Liang
answered on Nov 9, 2022

This happens quite often, unfortunately. You can give them a notice for them to act immediately warning them you will hire another company if they do not. If they still do not work to complete the project, you can hire another company and keep all the records. You also have right to ask them to pay... View More

1 Answer | Asked in Real Estate Law and Civil Rights for Florida on
Q: We made a Lease-purchase agreement with the owner of the house we live in.The city will condemned the house in ten days

What can we do to stop this process of eviction

Linda Liang
Linda Liang
answered on Jun 12, 2024

It's not eviction when City condemns the property. I don't believe you can stop this. But you may find remedy available to you in the lease.

1 Answer | Asked in Consumer Law, Contracts and Business Law for Florida on
Q: I live in Brevard County, Florida. I'm married. My wife is in the Brevard County Jail waiting a trial date.

There is also an Injunction against her. She can't come near me, or our home, or our car for five years. She and I are joint owners of the car. I need to sell, or trade it, but the Injunction clearly states that we can have no connection of any kind during the period of the Injunction. So, as... View More

Linda Liang
Linda Liang
answered on May 7, 2024

Have you thought of hiring an attorney to talk to her? Also, I do not think while she is not allowed to approach you, you going near her is considered violation.

1 Answer | Asked in Employment Law for Florida on
Q: I worked for a doctor who is quadriplegic. I worked a month for him as his Aide, and he refuse to pay me. What can I do?

I work 6 days out of the week sometime 7, I live in Fort Lauderdale, he used to live in Aventura and lives Miami about month now. I put over a thousand miles on my vehicle in a month time, to get him up, fed, pick his meds and do his shopping. He claims I abandoned him because I had a dental... View More

Linda Liang
Linda Liang
answered on Apr 15, 2024

You can either talk to him when he is calmer and get your pay, or you bring him to small claim court. The latter cost money.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my apartment change my liability insurance requirements midlease because of company policy changes?

I live in Florida and signed a lease with an insurance liability addendum that states 100k in coverage. We received an email stating this amount would go up to $300,000 and if we did not increase our limit we would be charged $8 a month. They said they will never adjust our lease however company... View More

Linda Liang
Linda Liang
answered on Apr 10, 2024

They shouldn't if the lease stipulates the amount without exception. Whether they can do or cannot do such thing depend on the terms of the lease. You should review the lease and ask them for explanation.

1 Answer | Asked in Contracts for Florida on
Q: I got an email message from someone I met through Craigslist asking me for money. It seems like blackmail. What do I do?

I asked them to do something that is against the policy of a company and they agreed. After we made the deal and they completed the task, they blackmailed me.

Linda Liang
Linda Liang
answered on Apr 8, 2024

More information is needed to assess the situation and to advise accordingly.

Did you use their service? Do you have an agreement? What did they say they would do if you do not pay? It needs to be clear whether the conducts actually constitute blackmail.

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for Florida on
Q: Can I sue Public Storage for ceiling falling down, dead rats and rats eaten threw boxes and throw the belongings out?

My sister had passed away and was paying for storage for 10 years or so. She use to live in Orlando, Florida and moved back to New York. She had two units still in Florida. I had asked my niece and her boyfriend who lived in Orlando, Florida if they can clean out the unit for me since I live in... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

Your question is whether you have a valid claim against the storage place if you have to sue. The direct answer is yes. It seems that the service is below the bar of the industry. For that, they should be responsible for cleaning and loss of items.

Q: Is it illegal to share a room with my nephew who is a minor, if I his aunt, am an adult?

He is 11 almost 12, I am 22 almost 23. We can only afford a two bedroom apartment. I will hopefully be living with my sister and nephew. Unless this is against the law. I cannot find a definite answer online, hopefully you can help! Thanks!

Linda Liang
Linda Liang
answered on Apr 7, 2024

I am not aware of a law prohibiting an adult from sharing space with minors. In other word, a minor's right is not violated by the Act of Sharing a space.

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2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If my dad has legal custody of me but he emotionally abuses me and im happier with my mom can i go back to my mom im 15

I have been wanting to live with my mother again for years he lied about her and said that she was abusive and unstable when she wasnt and im happier with my mom but mentally broken with my dad is there a way i can go back to living with my mom?

Linda Liang
Linda Liang
answered on Apr 7, 2024

Yes, you can. Your best interest as a minor in custody case is protected by law. Your Mom can petition the court to amend the custody plan with the evidence of emotional abuse.

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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Florida on
Q: I am making a product that can accompany books. Is it legal if I say “pairs well with (name of a book not written by me)
Linda Liang
Linda Liang
answered on Apr 7, 2024

Yes, it is. By saying your product pairs well with someone's book, without claiming your copyright to that book, you do not violate anyone's interest of any sort.

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