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Questions Answered by Michael Mayoral
1 Answer | Asked in Tax Law for Florida on
Q: Business Tax ID question

I formed a business consulting company in my name earlier this year. My husband is under contract to purchase a rental property in the city of Inverness Florida Soli in his name. Can he utilize my business tax ID number to rent out that property? The city of Inverness requires a business tax ID in... View More

Michael  Mayoral
Michael Mayoral
answered on Nov 4, 2021

It sounds like your husband can create an LLC or other corporate entity, receive a business ID tax number (EIN) from the IRS for the LLC/Corp, and have the seller execute a consent to the assignment of the real estate contract to your husband's new LLC/Corp. That way, your husband remains in... View More

3 Answers | Asked in Civil Rights for Florida on
Q: Can room service call the police on someone if they say they saw a gun in my room
Michael  Mayoral
Michael Mayoral
answered on Nov 4, 2021

Generally, anyone can call the police on anyone for any reason.

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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Domestic Violence for Florida on
Q: In the state of Florida is it a law that you have to press charges on your abuser with an open CPI Case?

They are trying to take not give me back my kids what type of lawyer do I need to hire to sue the are doing discrimination of me and my Rights

Michael  Mayoral
Michael Mayoral
answered on Nov 3, 2021

It is not a Florida law that says that you must press charges, however, generally speaking, the Florida Department of Children and Families can remove a child from a home if they can show the home is dangerous for a child because of ongoing domestic violence. You should consult with a family law... View More

1 Answer | Asked in Criminal Law for Florida on
Q: How can I get court cost waived or reduced?

I'm on disability and cannot work

Michael  Mayoral
Michael Mayoral
answered on Nov 3, 2021

You can simply request that the court waive the court costs and ask the judge for the court's procedure for doing so. If the court still imposes court cost, you can get on a payment plan (as low as $5 per month). As long as you keep making payments, your driver's license will not get... View More

2 Answers | Asked in Animal / Dog Law for Florida on
Q: How can I get my lost dog from person who is hiding her knowingly with intent to keep in miami-dade county?

I know where they both live and have dog with them.

Michael  Mayoral
Michael Mayoral
answered on Nov 4, 2021

Report the crime to the police as theft. Florida law classifies pets as personal property (Levine v. Knowles, 197 So. 2d 329 (Fla. 3d DCA 1967)). Under Florida's theft statute, 812.014(1), "A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use,... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Hi I am in Florida. My lease ends in Jan. Do I need my roommates permission to give my 60 day notice?
Michael  Mayoral
Michael Mayoral
answered on Nov 3, 2021

Generally, you should read your lease agreement to see what it says about providing notice for non-renewal, however, there shouldn't be a reason why you wouldn't be able to decide to non-renew yourself. In other words, you can decide to rent or not rent a dwelling notwithstanding your... View More

1 Answer | Asked in Gaming for Florida on
Q: FLORIDA: What is the limit for a prize I can give for winning a music bingo game?

I play music bingo for a bar and we give token prizes to winners. We advertise that this is a NON-GAMBLING event. It is, but I would like to give better prizes. Is there a limit to the value of a prize for a non-gambline event such as mine?

Michael  Mayoral
Michael Mayoral
answered on Nov 2, 2021

Review the relevant Florida Statute 849.0931 -

"(5)Except for instant bingo prizes, which are limited to the amounts displayed on the ticket or on the game flare, a jackpot shall not exceed the value of $250 in actual money or its equivalent, and there shall be no more than three...
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1 Answer | Asked in Business Law for Florida on
Q: The school district for Manatee County I worked for is making up unsubstantiated allegations.
Michael  Mayoral
Michael Mayoral
answered on Nov 1, 2021

You should consult with an employment attorney regarding a claim for wrongful termination.

1 Answer | Asked in Divorce for Florida on
Q: Do I have a right to recop money that I have put into my wife's house in a divorce.

We are getting divorced after 2 years and I have invested money and time into the house. Since I had a mild heart attack she wants the divorce.

Michael  Mayoral
Michael Mayoral
answered on Nov 1, 2021

Generally, the home should be considered marital property (split 50/50). I don't know if you will be able to get back (dollar per dollar) what you put into the property, as you two shared assets while being married. However, this is a question better asked to the attorney handling your side of... View More

1 Answer | Asked in Medical Malpractice for Florida on
Q: What can I do about having life threatening complications after a surgical abortion at a family planning facility?
Michael  Mayoral
Michael Mayoral
answered on Nov 1, 2021

You can and probably should get in contact with a law firm in Florida that handles medical malpractice cases on the Plaintiff side.

1 Answer | Asked in Gov & Administrative Law for Florida on
Q: Can a Assistant State Attorney file charges on someone from another county, even if that person is not from nor live in

the assistant state attorney COUNTY?...under Florida law

Michael  Mayoral
Michael Mayoral
answered on Oct 29, 2021

Yes, absolutely. A state attorney from a certain county can bring charges against someone from a different county for a crime that occurred in the state attorney’s county. In other words, if a crime occurs in Miami-Dade, but the defendant is from Broward, the Miami-Dade ASA can charge the... View More

1 Answer | Asked in Domestic Violence and Family Law for Texas on
Q: What are some ways a person can prove they are innocent if another falsely accuses them of domestic violence?
Michael  Mayoral
Michael Mayoral
answered on Oct 29, 2021

Legally speaking, you don't have to prove your innocence, the State has the burden of proving you are guilty beyond all reasonable doubt. However, useful evidence of innocence is, for example, witnesses to the incident who can testify on your behalf, text messages or any other evidence of the... View More

1 Answer | Asked in Small Claims and Landlord - Tenant for Florida on
Q: The subfloors are rotting in my apartment in Florida, and repairs have no occurred after 30+ days. What can be done?

The floor began warping and became rotted approximately 2 months ago, at which point a maintenance request was summited digitally. The complex manager has dragged her feet about selecting a party to make the repairs, and the floor is getting worse by the day. We (my roommates and I) believe that... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 29, 2021

In Florida, there is a legal principle known as the Implied Warranty of Habitability. Florida landlords are required to keep their rental properties in safe and livable condition. According to the state’s “implied warranty of habitability,” Florida tenants are guaranteed a livable rental... View More

1 Answer | Asked in Business Law for Indiana on
Q: I wanna get a degree in corporate law but I don’t know what steps to take to achieve could you help?

I’m a freshman in high school

Michael  Mayoral
Michael Mayoral
answered on Oct 29, 2021

A degree in law is known as a JD degree (Juris Doctor degree). In order to get a JD degree, you need to go to law school. First, you need to complete a bachelors degree, which can be in just about any area of study. Common areas of study are philosophy, political science, economics, history,... View More

1 Answer | Asked in Uncategorized for Florida on
Q: Can I be turned down from Occupational Therapy Center because of my weight in Florida is it legal
Michael  Mayoral
Michael Mayoral
answered on Oct 28, 2021

It depends if you are being turned down for the role of an employee or as a patient. Generally, a private business can "turn down" a customer for a number of reasons. Title II of the Civil Rights Act of 1964 - the federal law which prohibits discrimination by private businesses which are... View More

1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: I signed a car leasing contract however I did not pay a down payment and I did not get the car either. Can I cancel it?

I called less than 24hrs after signing to cancel it. I do not have the car in my possession and the down payment money was not provided because the deal will be completed if my current insurance pay for the previous car. The dealership is insisting that they cannot unwind the deal. The leasing... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 28, 2021

The answer entirely depends on the specific words and provisions on the contract. It is impossible for anyone to tell you yes or no without reviewing the exact words in the contract. You may need to pay an attorney to review the contract and give you advice on this. Consult an attorney!

1 Answer | Asked in Juvenile Law for Florida on
Q: Is it legal for someone to record a minor without their consent?

A controlled by took place where in the video record of the controlled by there is footage of a minor smoking. I thought that without a minors permission given it is against the law and against their rights?

Michael  Mayoral
Michael Mayoral
answered on Oct 28, 2021

There are laws against video voyeurism (Fla. Stat. 810.145) and recording audio without a person's consent (934.03), but both laws have exceptions for law enforcement. This should be discussed with the criminal defense attorney handling the case. Also, legal steps can be taken to protect the... View More

1 Answer | Asked in Contracts for Florida on
Q: What is my right when my orthodontist want to charge me more than my contract amount?
Michael  Mayoral
Michael Mayoral
answered on Oct 28, 2021

In the most general sense, you have the right to sue for breach of contract or only pay what was agreed to. However, breach of contract cases are extremely fact specific and fairly complex, legally speaking. You may or may not have a claim. Consult an attorney if you think it is worth bringing a... View More

2 Answers | Asked in Personal Injury and Animal / Dog Law for Florida on
Q: A cat jumped jumped the fence and entered my backyard. My dogs hurt it. Am I responsible for the vet bills?

I broke up the attack but the cat was hurt. One of my dogs is hurt. Am I responsible for the cats vet bills?

Michael  Mayoral
Michael Mayoral
answered on Oct 28, 2021

Yes, generally speaking, you could be held liable for the damages (bills). Under Florida Statute § 767.01 "Owners of dogs shall be liable for any damage done by their dogs to a person or to any animal included in the definitions of “domestic animal” and “livestock” as provided by s.... View More

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1 Answer | Asked in Contracts, Civil Litigation and Landlord - Tenant for Florida on
Q: What do I do when a tree falls on my rental house?

I live in a single family rental home I just moved into a few months ago. There is two massive trees in the back yard which have been pretty badly untrimmed and not taken care of but still alive and growing. Apparently one tree it seems like bugs have been living inside it and hollowing it out. A... View More

Michael  Mayoral
Michael Mayoral
answered on Oct 26, 2021

In Florida, there is a legal principle known as the Implied Warranty of Habitability. Florida landlords are required to keep their rental properties in safe and livable condition. According to the state’s “implied warranty of habitability,” Florida tenants are guaranteed a livable rental... View More

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