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Questions Answered by Michael Mayoral
2 Answers | Asked in Business Formation, Business Law and Estate Planning for Florida on
Q: What documents are needed to transfer non-traded corporate interests to a revocable trust in Florida?

I am a Deputy Legal Officer in Florida. My boss has requested that I transfer his interests from a corporation, which are not publicly traded, to his revocable trust. There are no specific instructions from him, and the corporation's agreements or bylaws do not specify any conditions for this... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 28, 2025

This is something that really needs to be handled by an attorney if you want it to be legally enforceable. What’s involved isn’t just drafting a document, it’s verifying what type of entity you’re dealing with, what the governing corporate documents say, and whether there’s an agreed-upon... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Florida on
Q: What should I consider when filing a motion for discovery in a domestic battery case as a defendant? Are there any potential downsides?

As a defendant in a domestic battery case in Florida, I am considering filing a motion for discovery, but I have concerns. I've been arrested and don't currently have an attorney. I want to examine all the evidence to properly defend myself. What should I consider before filing this... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 24, 2025

You absolutely need to hire a lawyer. There’s a lot you don’t know about criminal law, and you could make serious mistakes without realizing it. As the defendant, you shouldn’t be talking in court because anything you say can be used against you. If you can’t afford an attorney, the county... View More

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2 Answers | Asked in Landlord - Tenant, Personal Injury and Real Estate Law for Florida on
Q: Behind on rent with severe maintenance issues that landlord ignores; seeking legal guidance.

I am three months behind on rent and my landlord wants payment, but I am concerned about the poor living conditions in my home. There's a split roof that leaks where my kids sleep, pipes leaking water through the floor, faulty breakers that cut off all power, and loose sockets for plugs in my... View More

Michael  Mayoral
Michael Mayoral
answered on Sep 26, 2025

Under Florida landlord-tenant law, you must give your landlord a 7-day written notice to cure (Fla. Stat. § 83.56). The notice should list the serious problems (roof leaks, faulty electrical, pipes, etc.) and give 7 days to fix them. If repairs aren’t made, you may withhold rent or terminate the... View More

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Q: What are my rights as a tenant in Florida facing eviction threats and harassment from my landlord?

I live in a camper and rent the land where it is parked through a verbal contract. I've been here for 4 years, and my landlord has been threatening to evict me and even threatened to kill my dogs. I have written records, texts, voicemails, and witnesses to these threats. There haven't... View More

Michael  Mayoral
Michael Mayoral
answered on Sep 23, 2025

Since you don’t have a written lease, you’re essentially on a month-to-month tenancy under Florida law. That means your landlord can terminate the tenancy without cause, so long as they give you the proper written notice.

That said, the harassment you describe is a different matter....
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2 Answers | Asked in Real Estate Law, Criminal Law and Civil Litigation for Florida on
Q: How can criminal prosecution help recover my home from deed forgery?

I recently discovered that the title deed to my home was forged and recorded fraudulently, including notary fraud, which has affected my possession. I haven't yet pursued legal action, but I'm interested in understanding how criminal prosecution can aid in recovering my home and... View More

Michael  Mayoral
Michael Mayoral
answered on Sep 23, 2025

To pursue criminal prosecution for deed forgery, you will need to present all of the proof you have to your local police agency. That includes the forged deed, notary records, and any supporting evidence. The police would then assign a detective to investigate the case and, if they find sufficient... View More

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2 Answers | Asked in Criminal Law and Civil Rights for Florida on
Q: Can police in Florida search a person after observing a quick transaction in a known drug area?

In Florida, if police observe a quick transaction between two people involving an exchange of money in an area known for drug sales, and arrest one person for possession of narcotics, can they legally stop and search the other individual? In this case, one suspect said, "if you find anything... View More

Michael  Mayoral
Michael Mayoral
answered on Sep 16, 2025

You’re going to have to have an attorney analyze whether a motion to suppress is possible here. What you’re describing—furtive movements in a high-crime area tied to a quick hand-to-hand transaction—is one of those situations that courts look at on a case-by-case basis. It’s extremely... View More

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3 Answers | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: Can I keep part of tenant's deposit for damaged carpets?

I am a landlord, and after my tenant moved out, I discovered that the carpets, which were new when the tenant moved in two years ago, are now soiled, stained, and the unit has a strong odor. Despite this, I only returned half of the security deposit. The tenant is now demanding the full deposit... View More

Michael  Mayoral
Michael Mayoral
answered on Sep 12, 2025

Under Florida law, you can withhold part of a tenant’s security deposit for damages beyond normal wear and tear, including soiled or stained carpets and odors. However, you must strictly follow the procedure in Fla. Stat. § 83.49. Within 30 days of the tenant moving out, you must send them... View More

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2 Answers | Asked in Products Liability, Civil Litigation and Personal Injury for Florida on
Q: Should I sue a dealership in Orlando for diminished value of my repaired vehicle?

I took my vehicle to a dealership in Orlando, FL for general maintenance, and they damaged it. They acknowledged the fault and repaired it, which took one week and two days. There were no extra costs for me, but the vehicle now has diminished value. The dealership refused my request for... View More

Michael  Mayoral
Michael Mayoral
answered on Sep 12, 2025

You can pursue a claim for diminished value, but you’ll need to weigh whether it’s worth the time and cost. Florida law allows recovery of diminished value in some cases, but you’d have to prove the reduction in market value with evidence, usually through an appraisal or expert report. Since... View More

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2 Answers | Asked in Criminal Law, White Collar Crime and Civil Rights for Florida on
Q: Facing pressure to drop 2nd degree theft charges in Florida; what can I do?

I am being pressured by members of a club to drop charges in a felony case involving 2nd degree theft, which is already being pursued by the State of Florida. I feel threatened, and a club member has offered a $10,000 donation if I agree to drop the charges. Additionally, who has the authority to... View More

Michael  Mayoral
Michael Mayoral
answered on Sep 10, 2025

In Florida, you as the victim cannot just “drop the charges.” That’s not how the system works. The case is not you versus the defendant; it’s the State of Florida versus the defendant. Once charges are filed, the State Attorney’s Office controls the prosecution.

What the club...
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3 Answers | Asked in Civil Litigation, Family Law, Probate, Real Estate Law and Landlord - Tenant for Florida on
Q: Can the HOA file a Case Management Order in FL without serving me and claim unknowing my residence despite my declaration of domicile?

Can the HOA file a Uniform Case Management Order in Florida when I haven't been served, and there is a "Summons Returned Unserved" indicating the HOA attempted to serve me but neighbors claim I don't live at the property? The property is still in the estate's name, but... View More

Michael  Mayoral
Michael Mayoral
answered on Aug 26, 2025

The Case Management Order is something the court issues, not the HOA, and it does not replace service of process, you still generally must be served (though Florida allows substitute service in some cases). From what you describe, this is a lien foreclosure action. If you sign an acceptance of... View More

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3 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Florida on
Q: What legal actions can I take after being punched twice by the same person in Florida?

I was punched by an adult in a private place, and there was a witness present. This is the second time this has happened, and I have had an ongoing conflict with the person who punched me. What legal actions can I take?

Michael  Mayoral
Michael Mayoral
answered on Aug 22, 2025

In Florida, even a single punch is considered a criminal battery because any unwanted physical contact qualifies as battery under the law. If there are injuries, the charge can be enhanced and, in some cases, may rise to a felony, but without serious injury or broken bones it is generally treated... View More

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2 Answers | Asked in Landlord - Tenant, Civil Rights and Real Estate Law for Florida on
Q: How to handle pet registration fee demand after lease renewal with registered service animals?

I moved into my apartment in 2024 with two dogs, the community maximum. Both are registered service animals. The previous property manager was informed verbally, and we signed our lease. A new property manager sent us a lease renewal in March, which we signed without any mention of registering pets... View More

Michael  Mayoral
Michael Mayoral
answered on Aug 21, 2025

Generally speaking, the only way you should be required to pay a pet registration fee is if it is spelled out in your lease or another binding document that incorporates the community’s rules. If your lease or renewal agreement doesn’t say anything about a registration fee, it usually cannot be... View More

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3 Answers | Asked in Landlord - Tenant, Civil Litigation, Gov & Administrative Law and Real Estate Law for Florida on
Q: Can I speak to my HOA board about assessment issues before involving an attorney?

I'm disabled and missed HOA assessments totaling $460 due to hospital stays, triggering a notice from an attorney initially demanding over $1000, which later increased to over $5000. I requested to speak directly with the HOA board to discuss the assessments and resolve fees, but both the... View More

Michael  Mayoral
Michael Mayoral
answered on Aug 21, 2025

You’re in a situation where you have to be very careful. If you don’t pay the amounts being demanded and the association moves forward with a lien foreclosure lawsuit, they could actually foreclose on your home. Once an attorney is involved, the account is usually being treated as a collections... View More

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1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Florida on
Q: Can my landlord redirect my rent payment for repairs without notification?

I paid my August rent before being notified about the cost of a garage door that needed replacement after my daughter accidentally hit it. The rental payment portal now shows that I haven't paid rent for August, and the property management office informed me that they redirected my rent... View More

Michael  Mayoral
Michael Mayoral
answered on Aug 11, 2025

You’re going to want to review your lease carefully because people can agree to all sorts of arrangements in a rental agreement. From what you’ve described, if this is a standard residential lease, your landlord likely should have made a claim against your security deposit for the garage door... View More

2 Answers | Asked in Real Estate Law for Florida on
Q: Seeking advice on handling noise nuisance and potential compensation.

I am dealing with a noise nuisance issue, and I've collected evidence over multiple days. I've also contacted the police twice. I am seeking cessation of the noise and, if possible, compensation for the disturbance. What type of attorney should I consult to pursue legal action in this situation?

Michael  Mayoral
Michael Mayoral
answered on Aug 11, 2025

In Florida, you may be able to bring a legal action known as a “nuisance” claim against the person or entity responsible for the noise. This type of lawsuit, called an action to abate a nuisance, seeks a court order requiring the responsible party to stop the conduct that is interfering with... View More

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2 Answers | Asked in Arbitration / Mediation Law, Business Formation and Business Law for Florida on
Q: Can I represent myself in Florida LLC loan mediation with personal guarantee?

I am involved in a court case in Florida where my LLC is the defendant concerning a loan. I personally guaranteed this loan, but the lawsuit names only the LLC, not me personally. I am the managing member and owner of the LLC. The case is now scheduled for mediation. My goal is to sell the property... View More

Michael  Mayoral
Michael Mayoral
answered on Aug 11, 2025

In Florida, a corporation or LLC usually must be represented by a licensed attorney in court proceedings, except in limited cases such as small claims court, which does not apply to your situation. However, if the mediation is pre-suit, you may typically attend and represent your LLC yourself,... View More

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2 Answers | Asked in Civil Litigation and Real Estate Law for Florida on
Q: Access blocked during SJM hearing in Florida civil suit; rights and next steps?

I am a party in a civil lawsuit in Florida concerning the rightful ownership of a home. There have been previous virtual hearings that I attended, but during a recent SJM hearing, my access was blocked, preventing me from attending. I am very concerned about this situation. Are all parties... View More

Michael  Mayoral
Michael Mayoral
answered on Aug 8, 2025

As a lawyer, it’s concerning because it sounds like you’re talking about a hearing for a motion for summary judgment, which is a stage where a judge can potentially issue an order that results in one party winning the case. Summary judgment hearings are highly technical, and it would be very... View More

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2 Answers | Asked in Contracts, Civil Litigation, Personal Injury and Real Estate Law for Florida on
Q: AC installed recently, leaking, causing damage, considering legal action. What are my options?

On 8/1, I had an AC unit installed, and as of today, 8/8, the unit is not working properly. There is water leaking from the unit, causing damage to my ceiling and walls. I contacted the AC company, who have sent a technician multiple times, but they haven't identified the problem. There is no... View More

Michael  Mayoral
Michael Mayoral
answered on Aug 8, 2025

In Florida, if a contractor installs an AC unit and it leaks or fails shortly after installation, you may have claims for construction defects, breach of contract, and negligence. Work must be done in a good and workmanlike manner and materials must be fit for their intended purpose. If the unit... View More

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2 Answers | Asked in Gov & Administrative Law and Real Estate Law for Florida on
Q: Can Florida HOA require fence removal without HOA or county approval?

Can an HOA in Florida require my neighbor to remove a fence that was constructed without seeking approval from the HOA or obtaining a county permit?

Michael  Mayoral
Michael Mayoral
answered on Aug 6, 2025

Yes, a Florida HOA can generally require a homeowner to remove a fence if it was installed without HOA approval, especially if the governing documents (like the Declaration of Covenants) require prior approval for exterior modifications. The HOA may also cite lack of a required county permit as a... View More

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1 Answer | Asked in Constitutional Law and Criminal Law for Florida on
Q: Can a convicted felon own a crossbow in Florida?

Can a convicted felon own a crossbow in Florida, and are there any specific legal restrictions or considerations related to this in the state?

Michael  Mayoral
Michael Mayoral
answered on Jul 28, 2025

Per the FWC: "In regard to use of firearms by felons: It is illegal in Florida for convicted felons to possess firearms, including muzzleloading guns, unless they have had their civil rights restored or the gun qualifies as an antique firearm under Florida statute 790.001(1). Properly licensed... View More

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