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Questions Answered by Erik A. Perez
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... Read 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... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Water line clogged in apartment building and backing up into shower drain and flooding the floor.

I live in the 5th floor of a 5 story condo.

The toilet drain line was clogged far into the pipe like 30-40 feet. We called a plumber to snake the drain line. Water was back flowing into our shower drain.

Question: who pays the plumber the unit owner or the condo association... Read more »

Erik A. Perez
Erik A. Perez answered on Jun 23, 2021

This is an excellent question that I come across weekly. I've helped many clients with this issue. Since the property is in a condo association, the pipe may be what is considered a "common element" or "common area" pipe. If the plumber has determined that the pipe services... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: Am I able as owner acting as contractor exempt from having contractor sign site plan that is accurate and correct?

Zoning states my site plan I submitted is accurate and correct but needs to be signed by either an architect, engineer, residential or mobile home contractor to move forward, I applied for owner as contractor permit and as homeowner I should be able to submit site plan that is to scale and accurate... Read more »

Erik A. Perez
Erik A. Perez answered on Jun 23, 2021

That is an administrative issue that may be determined by the local design and review board and local regulations. Please provide further information regarding the jurisdiction and local rules. The Florida Statute you cited is primarily for the regulation of licensed contractors and prohibits... Read more »

1 Answer | Asked in Uncategorized for Florida on
Q: I recently payed for a new septic system the estimate was 10900 . Now they are done they are trying to charge me double

I payed the 10900 now they say they had to dig up rocks and I owe them 12000 more and are threatening me with a Lean on my house

Erik A. Perez
Erik A. Perez answered on Mar 8, 2021

It depends on the terms of the estimate and the written agreement (if any). Unfortunately, contractors sometimes complete these sort of practices. It is important that you negotiate a contract clearly indicating the scope of work prior to hiring the contractor. Nevertheless, sometimes there may be... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: in Florida my tenant stayed 8 extra days after our yearly lease expired. Do i have to charge him only the 8 days, or

the whole month? Thanks

Erik A. Perez
Erik A. Perez answered on Mar 8, 2021

The answer to your question may depend on the terms of the lease. However, Florida law Chapter 83.06 provides in pertinent part that "[w]hen any tenant refuses to give up possession of the premises at the end of the tenant’s lease, the landlord, the landlord’s agent, attorney, or legal... Read more »

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1 Answer | Asked in Business Formation, Business Law and Civil Litigation for Florida on
Q: My business was vandalized by another bussiness. I am suing for fraud.
Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

Fraud would not be the appropriate cause of action based on these facts. However, there may be other causes of action including trespass. Please contact me to discuss further.

1 Answer | Asked in Contracts for Florida on
Q: 3 months later, my lease contract signed by both,under monthly discounts it says 942.Complex says mistake not honoring
Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

I do not understand this question. However, the parties in a lease must abide by the lease terms and there are few exceptions to that rule. Please contact me to discuss further.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Just moved from Jacksonville to Tampa and security deposit is being withheld on many items that are bogus.

Hello, I was trying to seek legal aid in Jacksonville, but having moved recently to Tampa I’ve been told by JALA (Jax area legal aid) that I needed a referral from my county... but my security deposit is being withheld. On the itemized list there are some legitimate items and others that are... Read more »

Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

It seems that landlords always try to pull some shenanigans with the security deposit at the end of a tenancy. In Florida, the applicable statute is 83.49. An important thing to note is that pursuant to the statute the certified notice of intention must be sent to you within 30 days. The statute... Read more »

1 Answer | Asked in Health Care Law, Personal Injury and Medical Malpractice for Florida on
Q: Can I sue an EMT for terrible treatment, slander that could have put my life and health in jeopardy

Blatant disregard For my safety, accusing me of lying about an emergency, take me to the hospital that I verbally told not to take me there, and he also told the hospital staff that I was faking, yelled at me when he got to my house, enforce me to walk 30 or more feet to him while in agonizing... Read more »

Erik A. Perez
Erik A. Perez answered on Jan 21, 2021

This is a very interesting question. It is important to note that anyone can file a lawsuit in Florida for almost any reason. However, the critical question you may want answered is will you prevail on a negligence claim against the EMT. It appears that the answer will depend in part on whether you... Read more »

1 Answer | Asked in Business Law and Consumer Law for Florida on
Q: Is it lawful to run a promotion that the top 10 customers win a prize?

The criteria for winning is to purchase widgets. And the top 10 purchasers of the widget will win a specified prize.

Erik A. Perez
Erik A. Perez answered on May 31, 2018

It is likely a lawful promo. More facts would be needed in order to provide a clear determination. A rule of thumb is to avoid the appearance of discriminatory or prejudicial practices in a promotion.

1 Answer | Asked in Personal Injury and Civil Litigation for Florida on
Q: How can I find out if a case has been paid/settled?

John Jay Connelly v. State of Fla.

Dan Ferehety esq.

Erik A. Perez
Erik A. Perez answered on May 30, 2018

You would have to check the court docket in order to determine whether a satisfaction of judgment or an order of dismissal following a stipulation of settlement has been entered. Please contact me if you would like to further discuss.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My roommate didn't add me to the lease. He's now wanting to break the lease. He's only gave me 10 days. What can I do?

My friend allowed my son and I to move in. He didn't add me to the lease. I helped pay the security deposit, I pay rent and utilities. Due to him liking me , he tries to solicit things from me. Now I've refused him , he wants to break the lease. He's only given me 10 days to move and... Read more »

Erik A. Perez
Erik A. Perez answered on May 30, 2018

Under the circumstances presented, your roomate is a cotenant. It does not appear that he has the right to evict you. Rather, the landlord wold have to initiate the eviction process. Much of the outcome in this matter depends on the landlord's position on the issue. Regardless, I'd... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Is a FL landlord allowed to ask for more money for prior months? He is demanding $100 each for Jan-May totaling $500.

It is a month to month lease

Erik A. Perez
Erik A. Perez answered on May 30, 2018

It depends on the month to month rent that was agreed to between the parties. If you agreed to an $800 month to month rental agreement and the landlord accepted $800 payments through the month of May, then the landlord would not be entitled to ask for an additional $100 for each past month which... Read more »

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2 Answers | Asked in Civil Litigation and Contracts for Florida on
Q: Which company to sue

What should we do? We live in Florida. After the hurricane we needed a new roof. We hired a roofing contractor to replace it. They started the work and the trucks that brought the roofing supplies to my home weight in at 8 tons and broke our driveway in several places. The trucks were not from... Read more »

Erik A. Perez
Erik A. Perez answered on May 31, 2018

It appears you may have several causes of action against both parties. In addition, if you have insurance, it may be prudent to reach out to the carrier and review your policy for the type of coverage you may have under the circumstances. Please contact me if you would like to discuss further.

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