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Florida Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: I am currently renting, can I stop the landlord from showing my home during the pandemic? he is trying to sell

my landlord contacted me stating he has someone coming today for a home inspection, got a knock on the door and it wasn't a inspection at all, it was a woman that was told to come view the home for a potential sale.

What are my rights here in Bradford County FL, can I prohibit the... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 19, 2020

Not really. Take a look at your lease.

1 Answer | Asked in Municipal Law for Florida on
Q: Can the city force my to unplug my boat ? They do allow RV's and campers to be plugged in.

I live in Oak Hill Florida. I have a 42 foot boat moored to my dock in my backyard canal. i have lived here about 25 years and have always had a big boat and kept it plugged into my electric to keep the inside integrity of my boat good and free from mold.

Tim Akpinar
Tim Akpinar answered on Sep 18, 2020

A Florida attorney would be able to advise best, but your question remains open for five weeks. If a statute is cited in the prohibition, you could look into the reasoning behind it. You could research the statute or consult with attorneys who are familiar with the priorities and goals of local... Read more »

1 Answer | Asked in Patents (Intellectual Property) for Florida on
Q: When there are 2 entities under Assignee, for example "X, Y" Can X use the patent independently from Y or needs agrment
Stephen Kontos
Stephen Kontos answered on Sep 18, 2020

It depends on the agreement between the entities. Unfortunately, there's no way to know what each entity is permitted to do based on the text printed on the first page of the patent. For example, if the patent was sold, the Assignees listed on the front page would not be updated to reflect the... Read more »

2 Answers | Asked in Civil Litigation for Florida on
Q: Hello does a hurricane impact the time given to answer a summons? Courts have been closed since the 15th.

My due date is the 20th, courts are not open until the 21st, but my house flooded, I lost all power and electricity so I evacuated to Alabama. Am I required to still e-file on the 20th or will they give an extension to due the circumstances?

Charles M.  Baron
Charles M. Baron answered on Sep 18, 2020

You must find out if the Court in your area issued an administrative order extending all deadlines due to the disaster. Lawyers in your area should know. If you can't find that out, or if the Court did not issue such an order, you must meet the deadline, but amongst your options for meeting... Read more »

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2 Answers | Asked in Probate for Florida on
Q: My mom died 15 yrs ago. Fltreasurehunt shows an account. No probate was opened. Do we need one now?
Mr. Long H. Duong
Mr. Long H. Duong answered on Sep 18, 2020

The Bureau of Unclaimed Property (who administers Fl Treasure Hunt) may have a threshhold amount (possibly as high as 10k) before probate is required. Call ahead and find out if probate would be absolutely required. Otherwise, you'd likely need probate.

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1 Answer | Asked in Criminal Law for Florida on
Q: I have a nephew serving time for a crime that he and another guy committed only the other guy has been out for years

A man was killed, my nephew never denied his part but says he didn't do what the other guy said so the other guy gets 8 years and my nephew got life just trying to see if I could find him some help as we are not financially able to hire a lawyer and information would be greatly appreciated.

Henry George Ferro
Henry George Ferro answered on Sep 18, 2020

Your situation is too complex to appropriately address in a forum such as this one. Unfortunately you request is going to require a great deal of time and effort to properly address. You should start by contacting your nephew's former lawyer and then move forward.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Thank you for the response.

Thank you for the response. Back taxes aren’t an issue. I was stating that there were taxes owed. I’m just trying to find out if I have a leg to stand on here. The person I initially rented from is no longer the owner and the current owner is dead with no heirs that I’m aware of.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 18, 2020

1. Sorry, but no, you have no LEGAL leg to stand on. Yet.

2. On the other hand you do not have to move at the end of September; nor do you have to keep paying rent to the person who told you to leave--because they do not own the place; the real owner does.

3. So who's the...
Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Do I have to leave? What do I do?

5 yrs ago I rented a house from a relative. He passed away a couple of yrs ago and just a month ago his wife passed. Their son had been collecting rent. I was told at the beginning of the month that I now have to be out by the 9/28 because they don’t own the property. Turns out they didn’t own... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 18, 2020

Before a sheriff's deputy throws you out you should be served with notice of an actual eviction lawsuit. And if there are back taxes unpaid, eventually someone may buy the property and evict you whether or not you are "responsible for" the taxes.

1 Answer | Asked in Real Estate Law for Florida on
Q: i went through a bankrupcy and my home equity line of credit was discharged. do they still have a lien on my property ?

If I stop paying on the line of credit because its been discharged, can the keep accruing interest and late charges

Richard Paul Zaretsky
Richard Paul Zaretsky answered on Sep 18, 2020

It depends on they type of bankruptcy you went through and what the plan included. If it was a Chapter 7, then the liability to you was discharged but the lien remains on the property. If you don't pay, there will be a foreclosure. The difference is if the judgment is greater than the sale... Read more »

1 Answer | Asked in Criminal Law for Florida on
Q: Can the police enter a home without hand delivered a search warrant ?
Jeffrey H. Garland
Jeffrey H. Garland answered on Sep 18, 2020

In Florida police cannot generally enter a home uninvited and without an exigent circumstance. First, the complaining person has to be living at the “home” to have standing to complain. Next, the police entries divide into those with search warrants and those without. Police with a warrant get... Read more »

1 Answer | Asked in Business Law, Criminal Law and Libel & Slander for Florida on
Q: I have been receiving defamation, phone call harassment to my business? We reported to the police couple of time.

My business, myself and employees are in fear because we are receiving phone calls, stalking with threats, online defamation to my business from a person. We reported to the police many times but didn't see any result. I really can't afford right now for an attorney and just want to see... Read more »

Henry George Ferro
Henry George Ferro answered on Sep 17, 2020

YOU ARE DESCRIBING A VERY DIFFICULT CASE, UNLIKELY TO FIND A FREEBIE LAWYER...GOOD LUCK...

3 Answers | Asked in Car Accidents for Florida on
Q: I was hit by another car and come to find out my ins was canceled and I didn’t know it what happens now?

I wasn’t in pain when it happened but I am now do I still get checked out even though I have no insurance and live in a no fault state?? Or how does it work?

Charles M.  Baron
Charles M. Baron answered on Sep 17, 2020

Immediately call a personal injury attorney in your area. First thing to check is the validity of your insurance cancellation, as your insurance has PIP coverage. The next thing is to determine the insurance carried by the other driver, if he/she was at fault.

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1 Answer | Asked in Child Custody, Child Support and Domestic Violence for Florida on
Q: Hello, I’m currently dealing with a child support case for my 2 children. The non custodial parent is “self employed”

and I have proof that he makes more than what he is telling such as photos with large amounts of money and messages of him admitting he has more also I feel that visitation should be revoke bc of the welfare of my boys I have multiple threat messages and him neglecting them in messages what should... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

You need to file something with the court asking for what you want. If you want to increase child support or reduce timesharing then it is a modification. If you want to enforce something then it is a motion for enforcement.

1 Answer | Asked in Banking for Florida on
Q: Is it legal for a bank to require a non account holder to create a profile with personal information that includes DOB

social security number in their data base in order to cash a check less than $500. drawn from their bank. They refuse to cash the check unless I created a profile. I feel they are trying to invade my privacy, gathering information. Why is a driver license and a thumb print not good enough? Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 17, 2020

IMO, you have four choices here: (1) Agree to do what the bank wants (and have no more problems); (2) open an account at the bank and have no further problems; (3) take your checks to a check-cashing company in your area (and have big problems if any check bounces); or (4) find a friend who will... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Roomate not on lease did not pay rent and now moved out and disappeared. What to do?

So my boyfriend has a best friend since middle school and we decided to pick him as a roommate, he paid rent on the first month then lost his job , my boyfriend didn't wanna kick him out because he felt bad, he decided to give time to have him find a job and pay us back , about 2 1/2 months... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Sep 17, 2020

There is nothing you can do except continue trying to contact him.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Does the following clause require landlord to give tenant non-renewal notice 60 days before expiration of lease?

"This lease agreement is not constructed to be automatically renewed at the end of the term for which drawn, however the intent to renew this agreement by the Tenant(s) will be assumed. All parties will need to sign a new agreement in order to activate a renewal term. If Tenant(s) intends to... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 17, 2020

Yes, that much is clear; the third sentence quoted says it. But the rest is not quite as clear as mud.

4 Answers | Asked in Immigration Law for Florida on
Q: looking for immigration attorney for help on my 751 application. I am 100% legal in the USA since 1999 i need help
Ify Princess Ikeakanam
Ify Princess Ikeakanam answered on Sep 17, 2020

Hey, Have you already applied and been waiting for years? Thats a theme for 751 these days.

Or is this a new application? I can help you with that.

Please contact me to discuss the details of your case.

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex-wife was recently laid off due to COVID. Will this affect what I pay in child support?

No motion has been filed to make modifications to current child support. I just want to know what might potentially happen.

Rand Scott Lieber
Rand Scott Lieber answered on Sep 17, 2020

No modification can be effective before a motion is filed with the court. Generally, a wage earner is expected to continue to earn at the same level as they have historically, even if they lose their job. If you are the payor and her income decreases it could actually mean that you pay less, not... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it legal for a landlord in the state of Florida to have a eviction hearing without notifying the tenant

I was served a eviction notice in March of 2020 when the pandemic struck and in responding to the eviction within the time frame that was given I was informed that the county courts were closed until further notice I was not notified I told us sheriff's deputy arrived with a final judgment for... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Sep 17, 2020

No, but I'd be really surprised if this happened the way you claim.

1 Answer | Asked in Contracts for Florida on
Q: How do I respond to cease and desist letter and demand for payment from contractor who damaged my home during project?

I contracted a company I found on Thumbtack.com to remodel shower. Owner stated he was insured, licensed. We agreed to $1400 remodel project, I purchased over $1300 in materials for him to do job. We paid 25% up front per contract. During work, he damaged our bathtub & vanity, front door... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Sep 16, 2020

You have disputed the claim with Thumbtack, so there is no need for you to cease telling people about the unsatisfactory quality of the work. Thus there is no need to respond to the letter. If he files suit, and depending on the outcome of the dispute with Thumbtack, you can counterclaim for... Read more »

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