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Questions Answered by Cody Malloy McCaughan

1 Answer | Asked in Landlord - Tenant for Florida on

Q: 3 day notice Jan 17 end date Jan 22. The amount on notice is wrong by $1100. Is the notice valid? Need advise ASAP

I have told them after falling behind with Irma that come the beginning of March my tax refund will more than catch up the background but they want me to come current now. I looked into it filing a BK7 to get a stay and it says you could get up to 60 days to pay past due rent pain current on time.... Read more »

Cody Malloy McCaughan answered on Jan 20, 2018

If you are not current on your rent then he can evict you. If you pay the amount on the 3-day notice, you are considered current on your rent and he cannot restart the process until you miss another rent payment. If he files an eviction against you, and you dont have enough money to deposit ALL... Read more »

1 Answer | Asked in Business Formation for Florida on

Q: I would like to get a lawyer if necessary too set to up my rental income home into an LLC

Cody Malloy McCaughan answered on Jan 1, 2018

There are many benefits to incorporating an LLC and transferring your rental home to the LLC. If is not a difficult process, any real estate attorney should be able to help you.

2 Answers | Asked in Business Formation for Florida on

Q: I'd like to start a small business for the first time. Do I need a business lawyer and a separate tax lawyer?

Cody Malloy McCaughan answered on Jan 1, 2018

You should definitely get an attorney to help with the business, however, as far as taxes go, an accountant should be sufficient for most small businesses.

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2 Answers | Asked in Business Formation, Contracts, Land Use & Zoning and Landlord - Tenant for Florida on

Q: Working from home with DBA when lease is residential only okay?

My home lease says it is only for residential purposes. I do freelance work from home and recently registered for a fictitious name (DBA) including placing an ad in the paper stating this that contains my home address. My wife thinks this violates/breaks our lease. Am I correct in thinking that... Read more »

Cody Malloy McCaughan answered on Jan 1, 2018

You could rent a PO box to use as your business address. Ultimately I would not worry too much about doing freelance work out of your home unless you have a lot of people coming and going all the time or the business is causing some other type of disturbance.

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2 Answers | Asked in Business Formation and Business Law for Florida on

Q: Return of our investment?

We own 5% of a restaurant. There are 2 other partners. The partners emailed us saying they wanted to dissolve our partnership effective immediately. We ran the day to day operations and created every aspect of the business. They changed the locks on us overnight. And know are refusing to return our... Read more »

Cody Malloy McCaughan answered on Jan 1, 2018

They are most likely in breach of the partnership agreement, hire a business litigation attorney.

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