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Questions Answered by Joseph Raymond Schwantes
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I legally break my lease due to a neighbor in Florida?

My neighbors fight all night long. We’ve got documentation to prove we’ve talked to our property manager multiple times and we’ve had to call the cops on them multiple times due to domestic violence. Is there anything I can do that constitutes leaving early?

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Sep 19, 2024

There may be a way for you to terminate the lease due to a breach of quiet enjoyment. You should bring up the issue to the landlord and keep a record of the disturbances (the time and the type of noise). You should not just stop paying rent or move out quietly though as the lease and/or state law... View More

1 Answer | Asked in Business Law for Florida on
Q: Can a person be an employee and their business be a consultant for the same business simultaneously?
Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Aug 6, 2024

Unless there is any language in your employment contract that would prohibit this, then there should not be any problem. Your employer is free to both hire and contract for your services if it wishes, although I would assume that the employer knows that you are the principal of the contractor.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Under a rental agreement, who has legal rights to inspect a rental property for insurance?

The owners father is wanting to come in and inspect the house for necessary repairs, however, we are questioning if he has legal precedence to do so? The actual owner lives in Texas and as far as we know, she has not produced any documentation showing her Father, or anyone else, having been... View More

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Sep 19, 2024

In Florida, the landlord must give you at least 24 hours notice, in writing, before they or their representative enters your property. However, it would also be good to know if your rental agreement calls for an even longer notice period.

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

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Sep 17, 2024

You should hire a lawyer right away to review the agreement you signed with this guy. You need to determine if he may have breached your agreement and what your potential remedies are.

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1 Answer | Asked in Criminal Law and Employment Law for Florida on
Q: I need help with theft of wages. We haven’t been paid, and the guy offered to pay us in drugs

The guy we have been working for hasn’t paid us, and at one point had offered to pay us in drugs. There are 3 of us that haven’t been paid and his last statement was “have fun being homeless”. I have all the documents and previous payments as well as him stating what he owes each person. I... View More

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Sep 17, 2024

If you provided a service for this guy then he is certainly obligated to pay you. Hire an attorney to look into the details for you and provide you with guidance.

1 Answer | Asked in Business Law and Gov & Administrative Law for Florida on
Q: What permits or licenses do I need in the state or Florida to sell candy under my own brand state to state online ?
Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Nov 3, 2023

Depending on the exact details of your business plan, you may need a Food Permit from the state Department of Agriculture, plus other basic permits and licenses for the establishment of a business such as a city and county business tax receipt. You may also want consider what type of business... View More

1 Answer | Asked in Contracts and Government Contracts for Florida on
Q: BLUF: Question about legality of pay cuts and avenues of action as a Contractor.

Say a large company wins the bid for a federal contract to provide Network/IT services to the military in Florida and offers you a position at say $86,000 along with a signing bonus or education benefits. However, if you take the sign on bonus or use those education benefits you are required to... View More

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Nov 3, 2023

An attorney should review your contract to determine what rights they have to reduce your agreed pay and exactly what parameters surround the sign-on bonus and education credits. Like with many issues in contract law, it depends on what the contract says.

1 Answer | Asked in Contracts for Florida on
Q: Hello. I wanted to see if a document i have signed for my employer is binding and how it would work if employment ends

The document is exactly as follows.

"This serves to confirm that the company has incurred costs on your behalf for on-the-job training and certification. The value being $4,380.00.

The company will absorb these costs on your behalf should your employment with the company... View More

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Oct 31, 2023

The wording is a bit vague but it does imply that you must take an action to end your employment for the moving expenses to be subject to refund. The reference to deducting from the last paycheck seems also to be poorly draft if this is less than your typical paycheck. A proper review of the... View More

1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am renting a room in a house. One of the other tenants told the house owner that he is moving out in 2 weeks...

this was a month ago and he is still here. can the owner do anything to make him leave soon? (the renter is VERY messy and inconsiderate of the other renters so the sooner the better). no lease agreement was made

Joseph Raymond Schwantes
Joseph Raymond Schwantes
answered on Oct 31, 2023

If there is no written lease, then the duration of the tenancy is based on the frequency with which rent is paid. If it is a month-to-month arrangement, then the landlord can terminate the "tenancy at will" with 15 days notice before the end of the monthly term. An attorney should... View More

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