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Questions Answered by Erik A. Perez
2 Answers | Asked in Contracts, Civil Litigation and Landlord - Tenant for Florida on
Q: Can I be evicted from a motel where I have maintained permanent residency at for almost 1 full calendar year ?

I moved in here December 2023 was offered weekly rates and told we could discuss monthly rates at a later date. After living here almost a year there have been a list of issues and safety concerns brought to the attention of hotel owner/manager and staff, minimal action was taken to address this... View More

Erik A. Perez
Erik A. Perez
answered on Oct 21, 2024

Yes, you can be evicted. However, it must be for a legal reason such as nonpayment of rent, failure to cure a maintenance issue, etc. Based on the information you have provided it, it is possible the landlord has failed to comply with the notice requirements for an increase in rent and/ or has... View More

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1 Answer | Asked in Contracts for Florida on
Q: Can a hotel, keep your deposit without showing you proof of damage. Even after they denie you with proof of damage.

They told me p had pictures of the damage. And told me theses words no pictures no refound case closed . From the district manger ,when I requested to see the pictures.

Erik A. Perez
Erik A. Perez
answered on Oct 16, 2024

In order to claim the deposit there must be damages. The hotel cannot simply claim it for the sake of claiming it. As it relates to disclosing photos of the damage, I do not believe there is a requirement to disclose them upon request. However, if you file suit, you can request the photos through... View More

1 Answer | Asked in Consumer Law, Business Law, Collections and Small Claims for Florida on
Q: I paid for scooter parts online, but never received parts. what should be next step? less than $200 more than $100

gave plenty of time for delivery. sent email giving them a deadline (even gave more time on that) after waiting almost two months.

Erik A. Perez
Erik A. Perez
answered on Oct 9, 2024

You can send them a demand letter notifying them they have a certain time frame to deliver the goods or you will be filing suit on that date. Realistically, it is not worth filing a lawsuit for an amount under $200, so the demand letter should be used as a tool to begin negotiations. Additionally,... View More

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Lease move out fees. Moved out on same day as move in.

I signed a lease agreement and moved out on the same day as move in. The home had a leak coming from the tub and it was leaking in all three bedrooms. Maintenance could not come out until the next day. I had movers remove all my boxes the next day and sent them a notice to vacant. My question is... View More

Erik A. Perez
Erik A. Perez
answered on Oct 2, 2024

In order to terminate a lease in Florida, you either need consent from the LL or a basis under the Landlord Tenant Act/ Contract. In this case it appears you did not have consent. In order to have a basis under the statute, it appears you would have needed to send a 7 days notice to cure and... View More

2 Answers | Asked in Contracts, Civil Rights and Criminal Law for Florida on
Q: There is a contractor who repaired my house, he has recorded my meeting with him on audio (phone). without my permission

Can i sue him? If that recording is shown to judge I will have to pay $10,000 to him. Now what do I do?

Erik A. Perez
Erik A. Perez
answered on Sep 30, 2024

Possibly. It is a 3rd degree felony in Florida to intentionally intercept or record a private conversation without all parties' consent. As it relates to civil law, it is debatable whether you have a cause of action. I would recommend identifying the monetary damages you have suffered as a... View More

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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: I bought a house recently and had to to some electrical work on it before I can get the power turned on, I explained to

I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and... View More

Erik A. Perez
Erik A. Perez
answered on Sep 24, 2024

This matter arguably falls under a "construction" defect claim. Florida law provides "in actions brought alleging a construction defect, the claimant shall, at least 60 days before filing any action...serve written notice of claim on the contractor, subcontractor, supplier, or design... View More

2 Answers | Asked in Business Formation and Business Law for Florida on
Q: Hi,I'm Onur and I'm based in Turkey. I want to form an LLC in Florida, is there any ways that I can do that as a foreign

Is there any way that I can form an LLC as a Turkish citizen. I am not a US citizen, can I form an LLC there and if yes; how's the process goes and what are the prices, tax info et.?

Erik A. Perez
Erik A. Perez
answered on Sep 24, 2024

Yes, regardless of your citizenship, you can create a Florida corporation. There are only a few requirements to do so. They include, but are not limited to, registering the corporation with the Florida Department of State, registering with the IRS to obtain a tax identification, and submitting a... View More

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2 Answers | Asked in Contracts and Construction Law for Florida on
Q: I bought a house recently and had to to some electrical work on it before I can get the power turned on.

I had to get a certified electrician to do the job which I did, I explained that this is a business that I am trying to set up and I really need the light quickly and he assured me that if I hired him with in a week I would get the light, I was excited and hired him, he drew up the application and... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

I am sorry to hear that. Unfortunately, these situations occur often with contractors. Florida law provides that you must provide the contractor with notice pursuant to the Chapter 558 process when there is a construction defect claim. Thereafter, the contractor is on notice of the issues and has... View More

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1 Answer | Asked in Consumer Law, Business Law, Landlord - Tenant and Small Claims for Florida on
Q: Can I get my application fee back if the application was not complete?

I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on... View More

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I... View More

1 Answer | Asked in Business Law for Florida on
Q: If I have one final hearing in my case, but I am missing evidence from the other side, can I still compel discovery

The final hearing is an evidentiary hearing

Erik A. Perez
Erik A. Perez
answered on Sep 17, 2024

The answer depends on the substance of evidentiary hearing and the case management deadlines. If the the discovery deadline has passed, then you may not be able to compel the production of evidence. Nevertheless, most courts require disclosures of the exhibits prior to an evidentiary hearing, as no... View More

1 Answer | Asked in Business Law and Real Estate Law for Florida on
Q: Vacation Rental Management without real estate license in Florida?

I want to buy a Vacation Rental Management Company in Florida, that means, I would have several vacation rentals from owners all over the world in my portfolio. For a monthly fee I would take care of all business around a rental for the owner, which means listing the properties on platforms, write... View More

Erik A. Perez
Erik A. Perez
answered on Dec 11, 2024

Yes, you generally need a real estate license from FREC to manage other peoples property and make a commission. There are a few exceptions, I would need more information to see if they apply.

2 Answers | Asked in Contracts, Criminal Law and Civil Litigation for Florida on
Q: Dealer won’t give me refund of my down payment even though I never took possession of the car

Hello, I went to a dealership and made a deal on the car they said I could pick it up the next day that next day turned to a week, the car still wasn’t ready. So I decided I didn’t want the car anymore and now they’re refusing to give me back the money I put down is there anything I can do?

Erik A. Perez
Erik A. Perez
answered on Dec 6, 2024

It depends on whether there was a written contract and what the terms of the contract were. Sometimes, contracts have a "liquidated damages" provision wherein if there is a breach the non breaching party is entitled to the deposit. If there is no liquidated damages, you may be entitled to... View More

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1 Answer | Asked in Contracts, Criminal Law, Banking and Small Claims for Florida on
Q: I sold my camper van to a guy in south Carolina and I live in Florida. He canceled his check. What can I do

He paid $15,000 and $7,000 was a check. He canceled the $7,000 check and is refusing to pay me.

Erik A. Perez
Erik A. Perez
answered on Dec 5, 2024

You can send over a demand letter demanding he pay the balance. Usually, it is a little stronger when a demand letter is on a law firm letterhead. Alternatively, you can file in small claims court.

1 Answer | Asked in Contracts, Landlord - Tenant and Probate for Florida on
Q: Deposit after death, one heir

Mother's landlord sent deposit for rental home my mother was leasing back to me directly and not in the estate of, I am her only heir. We have not filled probate or a summary administration as my mother's credit card bills are higher than what is in her bank account and I would be out the... View More

Erik A. Perez
Erik A. Perez
answered on Nov 27, 2024

As you have explained it, the funds belong to your mother, so they should be part of her estate. However, a review of the lease could change the answer to your questions. For instance, if you were on the lease or there was an assignment clause.

1 Answer | Asked in Contracts for Florida on
Q: I would like to know if there is a legal approach to ending a solar panel contract.

In Jan 2020, my mother in law passed away suddenly and it devastated my wife. Although I had my wife sit in to hear the deal, in hindsight, we could not really focus on the information. The agent was very persistent in his approach and although a big part of me wanted him to get lost because we... View More

Erik A. Perez
Erik A. Perez
answered on Nov 14, 2024

The contract should be reviewed by an attorney to identify whether there is any basis for termination of the contact. Also, the circumstances may be explored further to identify whether there is grounds for a recission due to undue influence. However, that is a difficult claim to prevail on. At the... View More

1 Answer | Asked in Contracts for Florida on
Q: Can person (just a witness) be compelled to turn over original POA document to agent

I created a POA document with my sister as the principle

and me as the agent. Her next door neighbor took the

document to a friend that is a notary. There, the document

was initialed where needed by my sister, my sister signed,

and 2 witnesses signed.

I am... View More

Erik A. Perez
Erik A. Perez
answered on Oct 4, 2024

In short, yes it is possible. This is an odd set of circumstances, there doesn't appear to be a reason for the neighbor to withhold the document. You may be able to file suit for "Civil Theft" and also seek injunctive relief for the purpose of having a court order that the document... View More

1 Answer | Asked in Business Law for Florida on
Q: What license(s) would I need if I were to create a budget app (business) like mint.com and/or monarchmoney.com?

This is for the business (not the app per se). For example, FINRA licenses, securities licenses, etc. This business would not distribute or take money for securities. Nor would it offer any debt holding like a bank or credit card. It's strictly for a person (user) to look at all their income... View More

Erik A. Perez
Erik A. Perez
answered on Sep 26, 2024

I do not believe there is any license needed to create an app. If you intend on creating a business from the app, you will need to register with the Department of State and obtain a tax ID number.

1 Answer | Asked in Traffic Tickets for Florida on
Q: I was suppose to go to court for a traffic ticket, and i told the court i do not have any transportation or have enough

money to get transportation to court. Is there anything i can do.

Erik A. Perez
Erik A. Perez
answered on Dec 7, 2021

Nowadays most if not all traffic pre-trial conferences or trials are done via Zoom virtual conference. Alternatively, they may be done by dial in. Rarely, at least in the Florida counties I practice in, they are done in person. I would recommend contacting the Court's judicial assistant and... View More

1 Answer | Asked in Car Accidents for Florida on
Q: How do I minimize liability when letting my son drive my car in Florida?

My college-age son is on his mother's auto insurance (we are all in Florida). He wants to borrow my car several times per week to drive to school. I know based on Florida laws, if he gets in a wreck with the car it would go to my insurance before his mother's insurance. Is there any... View More

Erik A. Perez
Erik A. Perez
answered on Sep 28, 2021

If he is involved in an accident in your car, both his insurance and your insurance may provide coverage, as you both may be named defendants in a lawsuit. You will have to review your policy to confirm there is coverage under those circumstances and it does not fall under a policy exclusion. If... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Landlord won’t allow tenants to inspect property to ascertain accuracy move out report, not return deposit

Landlord is charging tenant for painting inside of house (normal wear and tear) $800

Pruning bushes that should not pruned until Fall $100

Cleaning house (garage had cob webs, two blinds in dining room dusty) this after tenant paid professional cleaning service to clean. $250... View More

Erik A. Perez
Erik A. Perez
answered on Sep 22, 2021

Pursuant to Florida precedent, there is some legal authority which dictates a landlords may only charge for excess wear and tear. In other words, he/ she may not claim the security deposit for ordinary wear and tear like paint retouch and cleaning. In addition, the landlord has to comply with the... View More

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