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Questions Answered by Linda Liang
1 Answer | 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

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 Contracts and Landlord - Tenant for Florida on
Q: My dad gave my sister permission to give a leasing company to rent out my dads house signed it with her.  then he moved

My sister is under investigation

Linda Liang
Linda Liang
answered on Mar 15, 2024

Your question is not clear at all. Who moved? Are you saying your sister is left with the obligation to keep the lease which she signed for the benefit of your Dad?

1 Answer | Asked in Family Law, Real Estate Law and Elder Law for Florida on
Q: How can I get a lawyer and not pay more money when parents were force to sale their condominium as a owners

If they wouldnt pay 12,000 assessments fees they were obligate to sale their little place then they only want having a family member having a guardianship . Also, making hire professional JWB realty never said parents should pay all from their little place money.Plus they make parents sale their... View More

Linda Liang
Linda Liang
answered on Mar 13, 2024

I am sorry to hear what your parents are going through. However, your questions are not clear.

You said you have a hearing soon and judge issued an order making you pay lawyer fee in the next few years. Does that mean yo already have an attorney working for you and you are happy with the...
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1 Answer | Asked in Landlord - Tenant for Florida on
Q: What Florida statute protects a disabled adult tenant from deception and intimidation causing great psychological harm?

Property manager began deception and intimidation by means of verbal threats of eviction. Then began a self-help eviction using an out of state eviction notice posted at disabled adult's home. For six months the property manager continued to deceive and intimidate the tenant through a variety... View More

Linda Liang
Linda Liang
answered on Feb 13, 2024

Florida Statutes 768 governs torts.

1 Answer | Asked in Contracts for Florida on
Q: Hi, we purchased a home and 7 days after closing we found that septic is not draining. Is the seller responsible?

We had it pumped so it will last about a month until it will stop draining. We can’t shower, flush toilets or wash clothes. Seller agent says they didn’t know.

Linda Liang
Linda Liang
answered on Feb 13, 2024

Is it something discoverable during inspection period of your purchase? If it is, you can't hold the seller liable, unfortunately.

2 Answers | Asked in Contracts, Landlord - Tenant and Probate for Florida on
Q: Sibling moved into house before probate finalized. Also, added an rv and rented out the property, and a studio.

I have a legal fiduciary, granted by the courts, he is ignoring this matter.

Linda Liang
Linda Liang
answered on Jul 12, 2023

I agree with my colleague. If the court granted you the right to manage the property alone, you can motion the court to order him leave.

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1 Answer | Asked in Employment Law and Libel & Slander for Florida on
Q: I was contracted to a third party industry by my employer. I was off site when I was fired for something someone said.

I was off site at the time of the incident, so I don't know what was said. My employer has also not given a reason for termination. What kind of lawyer would I need to find out what happened?

Linda Liang
Linda Liang
answered on Nov 2, 2022

An employment attorney.

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... View 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... View 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... View 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... View 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... View 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... View More

Linda Liang
Linda Liang
answered on Feb 9, 2022

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

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