Get free answers to your legal questions from lawyers in your area.
Old landlord sold property as is. I have screenshots of the sale ad stating so.
The new landlord gave us all 30 days to leave but they're being shady about our security deposit.
The property is really old and always needed a total rehab.
I read alot of reviews on the... View More 
answered on Mar 7, 2022
In Florida, landlords must tell you if they want to keep some or all of your security deposit. If they plan on keeping some or all of it, they have to send you a notice by certified mail within 30 days of you moving out of your rental home at the end of your lease (or they give up the right to... View More
I did a bit of research on mine into emotional distress cases. What is definitely negligence or intentional infliction of emotional distress. Or I read the tort for emotional distress. And could answer all 4 requirements. I have medical records for during the time as well as having to pay someone... View More
answered on Mar 7, 2022
Generally speaking, under Florida's "impact rule," you must demonstrate that any emotional damages you suffered caused physical harm or were the result of physical injuries.
In the first paragraph my non compete it specifies: "engage in any business which sells or markets skin care, cosmetic or such other products which have been sold or marketed by the Business for a period commencing on the date hereof and continuing for a term of five (5) years" - Second... View More
answered on Mar 1, 2022
It is tough to say without reading the entire agreement, but "competitive products " could be interpreted to mean "skin care, cosmetic or such other products which have been sold or marketed by the Business."
I’m in a process of real estate insurance claim and adjuster wants to have a recorded statement from me. Do I really obligated to give him a statement or I can refuse a statement?! Also, most likely I’ll hire a lawyer, if the amount offered is low. A loss mitigation company was dispatched to... View More
answered on Feb 25, 2022
It depends what your insurance policy says about the requirement to give a recorded statement.
Son is disabled and misguided throughout his life. What are the options?
answered on Feb 17, 2022
You should absolutely retain counsel to answer the complaint and make sure that a default judgment isn't entered against you. Generally, one must file an answer 21 days after being served with a complaint in federal court. The attorney may be able to have the complaint dismissed.
It orginally was assault
answered on Feb 16, 2022
A conviction for the misdemeanor of disorderly conduct should not prevent the issuance of a concealed weapons permit.
We purchase in Jan 2021 and were planning on this being our primary residence and sold our other home in Nov 2021. We moved in with our daughter and family to wait out the build, which has been a moving target. First it was Aug 21, Oct 21, Dec 21, now Mar 22. We really would like to stay living... View More
answered on Feb 16, 2022
Consult a real estate attorney with all of the specifics of your matter, but it doesn't appear to be fraud if you *intended* for it to be your primary residence when you got the mortgage.
There wasn’t a gun to recover but a person claim the seen the defendant with a gun and is the only one that is constantly saying so. The state says they don’t believe the victims recant so they proceeded with the case. Why is this possible?
answered on Feb 16, 2022
There appear to be two witnesses here. One witnessed the assault (the victim). The other witnessed the defendant in possession of a firearm (the other witness). There is nothing to stop the state from attempting to prove the charge. There isn't a motion to dismiss or something like that that... View More
What part of the court does the paperwork get filed through, and do I need an attorney
answered on Feb 16, 2022
I highly recommend hiring an attorney for a breach of contract claim. There may also be grounds for a claim of civil theft, which may provide for triple damages.
If an adult had no prior arrests and no crikinal history retains an experienced lawyer is it likely they would qualify for withheld adjudication or not? Is it common or rare?
Edit to correct the word convicted in the question to charged.
answered on Feb 15, 2022
It depends what you mean as to conviction. If you go to trial and lose, the result will generally be an "adjudication." However, if you are talking about entering into a plea agreement, it is very common to be offered a withhold of adjudication on a first offense. Most state... View More
I was paying rent to someone else but a new owner acquired the property soon after I moved in. But it's taken them some time to show proof of ownership, like more than a month.
answered on Feb 11, 2022
Most likely, if you had a lease agreement with the prior landlord, that landlord "assigned" the lease to the new owner. The answer really depends on if you have a lease, what that lease says, if the lease was assigned, and possibly other factors. I would at least ask for proof of... View More
The tiles have been popping up due to some actions I believe the assoc took by running some piping under the building to fix a plumbing issue in the building. This is my speculation and I think I’m correct because I don’t have a leak and tiles don’t just pop up like that but i can’t prove... View More
answered on Feb 11, 2022
It sounds you are looking for a custom-tailored waiver of liability/liability waiver. It is advisable for you to hire an attorney to draft one for you, and to analyze the whole issue.
We are an elderly couple that leased a condo with central heat/air. The lease does not stipulate that we are responsible for any HVAC maintenance or repair. Three weeks ago the 25 yr old HVAC system burned out. A licensed technician told the owner it required replacement but she is refusing to... View More
answered on Feb 11, 2022
You need to contact a landlord-tenant attorney right away. You may be able to threaten to sue, sue, and/or withhold rent, but you need to follow the correct procedures regarding notice to your landlord. You also want an attorney to review the lease.
Regarding Florida law, Florida Statute... View More
I was arrested on 1129 my charges to begin with was if you look online at Washington county clerk of Court was possession of a controlled substance without prescription and drug paraphernalia will they change our first appearance to possession of synthetic marijuana and paraphernalia then they... View More
answered on Feb 10, 2022
You definitely have the right to be appointed a public defender on a felony charge. Contact your local public defender's office or hire a criminal defense attorney. You definitely want to have an attorney explain the ramifications of any agreement with the State, even if its PTI.
previously on probation had restitution to pay and due to lack of work and other covid issues within my household i couldnt make payment in time. Then a month ago i was pulled over and given a ticket cause I was unaware there was a suspension due to FAIL TO PAY CT FINANCIAL OBLIGATION. And i want... View More
answered on Feb 10, 2022
If its a criminal infraction (DWLS with knowledge) and you are on probation, then it will count as a violation of your probation.
If it is not a criminal infraction (DWLS without knowledge) then it is not a crime and can't violate your probation and you can't get any jail time for... View More
answered on Feb 10, 2022
It depends on the documents involved in this transaction, involving the original lease agreement and any sublease or assignment you may have signed with the new tenant. Contact a landlord tenant attorney.
answered on Feb 10, 2022
Contact their office, provide the relevant case number, and ask who is in charge of handling the matter now. They should just appoint a new DCF worker and supervisor to handle it.
for a federal criminal charge?
answered on Feb 10, 2022
That is a very vague question. Generally speaking, one needs to commit an enumerated federal offense to be charged with a federal crime.
Contracts can be deemed to be, or referred to as, "illegal/not legal" or "unenforceable" without an actual crime being involved.... View More
“Both buyer and seller agree that upon appraisal if the appraisal is less than the contract price then a new purchase price will be negotiated”
With this verbiage added to the contract what obligations under the real estate laws of the State of Florida would the seller be held to?
answered on Feb 10, 2022
At first glance, it means that if the appraisal comes in at less than the contract price, then the contract is essentially terminated as there is no meeting of the minds as to an essential term of the contract. The confusing part is that it says "then a new purchase price will be... View More
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?
answered on Feb 10, 2022
This issue will completely depend on the terms and figures on the written agreements and/or contracts that you and the dealership executed. You would be well advised to consult with a contracts attorney before signing any additional documents with the dealership or making any other agreements on... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
