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Questions Answered by Linda Liang
1 Answer | Asked in Landlord - Tenant for Florida on
Q: I need to follow response to complaints of unlawful detainer please help me today is my last day
Linda Liang
Linda Liang
answered on Jun 22, 2022

This is not a question. To get help, you should call one of the local lawyers to help you.

2 Answers | Asked in Family Law for Florida on
Q: My husband and I have a prenup ( that he wanted me to sign 4 days before we got married)

and long story short in the prenup what's mine is mine and what's his is his. He recently put me on the deed of his house ( the one we currently live in) however our prenup says that if I die before my husband, he will be getting a certain amount of $$$ from my estate. How do I avoid for... Read more »

Linda Liang
Linda Liang
answered on Jun 20, 2022

This is serious. You should not signed the prenuptial agreement 4 days before you marry. You should have the prenuptial agreement reviewed. This is not a matter that should be taken so lightly that you expect it to be resolved by question and answer session.

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2 Answers | Asked in Family Law and Landlord - Tenant for Florida on
Q: Can my landlord evict us when we have a renewal clause in our lease?

My landlord claims that we are on a month to month because we never physically signed a new lease, but we have a renewal clause in our lease that says that our lease automatically renews every 12 month period for up for 5 years unless either party sends a 60 days notice through certified mail... Read more »

Linda Liang
Linda Liang
answered on Apr 8, 2022

You can discuss this with your landlord or in the event that he has sued, raise it as a defense.

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3 Answers | Asked in Employment Discrimination for Florida on
Q: Is it legal for a restaurant owners wife to collect tips?

The owner of a restaurant I work at allows his wife to take tables and collect tips, taking tables away from his employees to do so. He will even ask employees to come in and work with his wife while paying them a flat fee, and she collects more in tips than the other employee is compensated, even... Read more »

Linda Liang
Linda Liang
answered on Apr 8, 2022

Whether his wife is there working is not relevant. What relevant is if someone gets paid unequally. Wife can be employee too but she should be treated equally.

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my property manager tell me who I can have babysitting my child?

My property manager told me my sister is not allowed on property. Even though she has done nothing wrong,. She watches my child usually at night an sometimes stays over night if I get home too late to bring her home. She has not broken any rules. And there are lost of other tenants that have people... Read more »

Linda Liang
Linda Liang
answered on Mar 7, 2022

The property manager is of the company who owns the property or just part of HOA? If he or she is part of the company, whether your sister staying in the property constitutes a breach of contract is a question of the lease. You can have a lawyer to review the lease for you. If he or she is just... Read more »

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3 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: What paperwork do I need to file for a breach of contract due to theft of over $26,000

What part of the court does the paperwork get filed through, and do I need an attorney

Linda Liang
Linda Liang
answered on Feb 17, 2022

Judging by the question you asked, you do not have sufficient knowledge about a lawsuit. Yes, you definitely should hire an attorney.

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3 Answers | Asked in Contracts and Consumer Law for Florida on
Q: If I trade in my car to a dealership and get a new car, then after a few days i’m told they gave me the wrong numbers

and that i owe an additional $20,000 on the car i downgraded to. does their mistake fall onto me? if i don’t go back in, will i be held legally responsible for the missing $20k on my loan pay off that they over looked?

Linda Liang
Linda Liang
answered on Feb 10, 2022

It depends on many factors. One of them is whether the mistake is an honest one and another one is whether you suffer any loss if you return the extra $20,000.. You should let an attorney review the agreement.

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: I entered into an oral rental agreement with a tenant on a month to month basis. How long of notice needed to evict?

Renter refused to pay an increase in rent due to having is partner live there 3/7 days of the week increasing total cost of water and electricity

Linda Liang
Linda Liang
answered on Feb 10, 2022

To end a month to month tenancy without a written lease agreement, you must give at least 15 days’ notice in writing before the end of any monthly period.

1 Answer | Asked in Family Law for Florida on
Q: I own my home. A family member is staying there and will not leave what can I do?

I let my family member move with me in my home but moved in with my fiance now I am in Texas my home in Fl. I could not tell her to leave she only gets S.S but now she is renting rooms out of my home and keeping the rent for herself. She will not speak to me but is in my home. How do I clean... Read more »

Linda Liang
Linda Liang
answered on Feb 9, 2022

You can eject her by filing a petition in circuit court.

1 Answer | Asked in Employment Law and Personal Injury for Florida on
Q: Can I sue my job for negligence if my supervisor isn’t following mask mandates at work

He doesn’t wear his mask in close proximity to me and my fellow workers even though we have mandatory mask mandates at my job. He even allows some employees to ignore the same mask mandates.

Linda Liang
Linda Liang
answered on Feb 8, 2022

This is a tough one. Negligence means a person fails to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. Whether a person should wear mask is subject to question. There is no fixed standard regarding this. Needless to say, you must... Read more »

2 Answers | Asked in Contracts and Employment Law for Florida on
Q: Question about non-competes...

I work as the sole IT person for a construction company in Tampa FL. When I started they made me sign a non-compete, which at the time I didn't really understand as it was my first "professional" job. I am now entertaining a job offer from a software vendor that provides various... Read more »

Linda Liang
Linda Liang
answered on Feb 8, 2022

You can't invalidate a non-compete agreement based on your lacking of full understanding of what it is. In the absence of intentional representation on their side and other unfair dealings, you have to honor it. However, your hope is that the new job position does not constitute... Read more »

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1 Answer | Asked in Employment Discrimination for Florida on
Q: can you be fired in florida for not taking covid shot by a cleaning service even tho the bank employees dont have to ?

I signed a contract and worked two weeks and in my contract it says nothing about having a covid shot ,the manager is black and acted like he got mad once i said i didnt beleive in it, on the first night of training ,he had ask if i had it and i said no i dont beleive in it but once i seen his... Read more »

Linda Liang
Linda Liang
answered on Feb 7, 2022

Unfortunately you may.

Florida is at will state. At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability. Likewise, an employee is free to leave a job at any time for any or no reason...
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2 Answers | Asked in Landlord - Tenant for Florida on
Q: IN FL.LANDLORD TENANT DOES STAND DOWN AND DO NOTHING MEAN YOU HAVE TO LEAVE YOUR HOME WIDE OPEN IF TENANTS did

Or can you secure your home by changing locks. Tenants abandoned home, moved put in the night, cut off utilities and had mail forwarded. They left no keys to lock home up. Are you also allowed to make repairs. Home was destroyed

Linda Liang
Linda Liang
answered on Feb 7, 2022

You may recover possession of your rental property if either the tenant has notified you of the intended absence or

he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. Hence, if he pays rent every month, you shall wait for 14...
Read more »

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2 Answers | Asked in Real Estate Law, Business Law and Landlord - Tenant for Florida on
Q: Can I still collect back rent totaling $30000 from the tenant, it has been 12 years overdue?

I just found out his family and himself sold their other properties and bought his own house. Can I put lien on it. Any recourse?

Linda Liang
Linda Liang
answered on Feb 2, 2022

In Florida, the statute of limitations is found at Florida Statutes, Section 95.11. Some of the most important limitations under Florida's statute include: Action to recover on a Florida judgment = 20 years. Breach of written contract = 5 years (only 4 years for oral contracts).

Do...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord evict us through a text message, and schedule a showing of the house while we are still paying rent

The landlord is trying to evict us even though we are current and up to date on rent. They are only texting eviction notice and today they text me saying they have scheduled a showing for tomorrow at 9am , even though we are still paying rent every month and are currently living in the home. The... Read more »

Linda Liang
Linda Liang
answered on Jan 21, 2022

Landlord must send notice to you and provide proof to the court. Text message is not a proper notice under Section 83.56(3), Florida Statutes. You are not required to accommodate the showing because you are legal possessor of the premise.

2 Answers | Asked in Contracts for Florida on
Q: If a company does not have a stated fee for severing a contract that I signed, are they allowed to charge me a fee?

It was never discussed that there was a fee for 'breaching contract'. But then I was told that it would be a $3,500 charge

I recently spoke to them again about this and now they have changed the fee to $5,000. Unfortunately, this conversation occurred over the phone and they are... Read more »

Linda Liang
Linda Liang
answered on Jan 21, 2022

If there is no provision in the contract about this fee, you are not obligated to pay.

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2 Answers | Asked in Family Law and Probate for Florida on
Q: Man and women are married but do not live together. Women lives with son.

Woman becomes deathly ill with no Power of Atty. Can husband get a POA naming son as beneficiary.

Linda Liang
Linda Liang
answered on Jan 19, 2022

Sorry to hear that. If woman is mentally sound, even though she is physically weak, she has to sign her own Power of Attorney.

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2 Answers | Asked in Business Law for Florida on
Q: Business Law, Franchise question. Most FDD has a personal guaranty clause. What can I do about it? Can it be limited?
Linda Liang
Linda Liang
answered on Jan 19, 2022

Not much. It is an offer. You can accept or provide counter offer. You should be represented by an attorney to know what you actually sign into.

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1 Answer | Asked in Business Formation and Trademark for Florida on
Q: is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business ?

is the Figurella Method a registered trademark? Can I open a business that does the same type of Figurella business under a different name? Should I modify something in the method to avoid any legal complications?

Linda Liang
Linda Liang
answered on Jan 18, 2022

You need to hire an attorney to conduct a research for you and give you advice accordingly. Without more information, it is impossible to know the answers.

3 Answers | Asked in Business Law and Civil Rights for Florida on
Q: When on a FL HOA board when can new rules be implemented and is a lawyer needed to have new rules added or rules update

I'm currently in a HOA board and we are trying to figure out what rules/by lawns are currently in place. How can we change them/ modify them and how to move forward. One board member says to make any changes we have to have a lawyer and then have a vote. I'd like clarification on what can... Read more »

Linda Liang
Linda Liang
answered on Jan 18, 2022

Having a lawyer Is almost never mandatory. But if you want to know whether modification may render the rules invalid in court of law, a lawyer will be helpful.

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