Florida Questions & Answers by Practice Area
- Bankruptcy
- Consumer Law
- Contracts
- Copyright
- Criminal Law
- Divorce
- DUI / DWI
- Employment Law
- Estate Planning
- Family Law
- Foreclosure
- Immigration Law
- Personal Injury
- Products Liability
- Real Estate Law
- Tax Law
- Traffic Tickets
- Workers' Compensation
- Admiralty / Maritime
- Adoption
- Agricultural Law
- Animal / Dog Law
- Antitrust
- Appeals / Appellate Law
- Arbitration / Mediation Law
- Banking
- Broker Fraud
- Business Formation
- Business Law
- Car Accidents
- Child Custody
- Child Support
- Civil Litigation
- Civil Rights
- Collections
- Communications Law
- Constitutional Law
- Construction Law
- Domestic Violence
- Education Law
- Elder Law
- Election Law
- Employment Discrimination
- Energy, Oil and Gas
- Entertainment / Sports
- Environmental
- Federal Crimes
- Gaming
- Gov & Administrative Law
- Government Contracts
- Health Care Law
- Identity Theft
- Insurance Bad Faith
- Insurance Defense
- Intellectual Property
- International Law
- Internet Law
- Juvenile Law
- Land Use & Zoning
- Landlord - Tenant
- Legal Malpractice
- Lemon Law
- Libel & Slander
- Medical Malpractice
- Mergers & Acquisitions
- Military Law
- Municipal Law
- Native American Law
- Nursing Home Abuse
- Other
- Patents
- Probate
- Public Benefits
- Securities Law
- Sexual Harassment
- Small Claims
- Social Security
- Trademark
- White Collar Crime
- Wrongful Death
Florida Questions & Answers
Q: How long is probation for a DUI?
Paul Stanko's answer
Probation terms are set by the court. It will depend upon how serious the charge is and what, if anything, the plea agreement provides.
Probation terms are set by the court. It will depend upon how serious the charge is and what, if anything, the plea agreement provides.
Q: Lead In my Rental Home
Jonathan A. Klurfeld's answer
You need to send a 7 day notice. And if landlord does object or sue you later for breach of the lease you will need to prove the elevated levels of lead came from the house, not food or other environmental factors. You would be best to have a lead test done regardless if you break the lease and move after the 7 days to protect yourself; so you have evidence before moving out where you will not be able to do the test later to prove the source of the lead levels.
You need to send a 7 day notice. And if landlord does object or sue you later for breach of the lease you will need to prove the elevated levels of lead came from the house, not food or other environmental factors. You would be best to have a lead test done regardless if you break the lease and move after the 7 days to protect yourself; so you have evidence before moving out where you will not be able to do the test later to prove the source of the lead levels.
Q: I live in a house owned by my mother. I also have a roommate. She is supposed to pay weekly rent every Sunday to me.
Terrence H Thorgaard's answer
If you have given her a 7 day notice (in behalf of your mom, evidently; see the next paragraph), and she has no lease, you don't need a reason to evict her. Thus it is difficult to see how she could avoid eviction through lying.
As I understand what you are saying, the tenants are each renting space individually from your mom, and not as co-tenants. Thus if she evicts the roommate under discussion, there is no need to evict the others.
If you have given her a 7 day notice (in behalf of your mom, evidently; see the next paragraph), and she has no lease, you don't need a reason to evict her. Thus it is difficult to see how she could avoid eviction through lying.
As I understand what you are saying, the tenants are each renting space individually from your mom, and not as co-tenants. Thus if she evicts the roommate under discussion, there is no need to evict the others.
Q: My children that were all minors at the time i signed my lease in Fl. They are both 18 and 20, and the collection agency
Terrence H Thorgaard's answer
Unless your children have, after they turned 18) agreed to be responsible for your debt (It appears that you specifically mean your lease payments), not, it is not the debt of your children. Tell the collection agency, in writing, to fix their records.
Unless your children have, after they turned 18) agreed to be responsible for your debt (It appears that you specifically mean your lease payments), not, it is not the debt of your children. Tell the collection agency, in writing, to fix their records.
Q: I have a roommate with no lease. She pays weekly, sometimes, but I am willing to say she's currant as of last Sunday.
Terrence H Thorgaard's answer
No, you cannot give her a notice to quit (move out) for violation of rules that are not in a lease. However the notice you have given her should be sufficient to evict her, if need be.
No, you cannot give her a notice to quit (move out) for violation of rules that are not in a lease. However the notice you have given her should be sufficient to evict her, if need be.
Q: My brother suffered a severe spinal injury -
Jonathan A. Klurfeld's answer
Possibly but you need to consult with a lawyer ASAP as there are time limits on injury cases.
Possibly but you need to consult with a lawyer ASAP as there are time limits on injury cases.
Q: Can I post a "Restaurant parking only, violators will be towed at owners expense" sign in front of my business?
Terrence H Thorgaard's answer
It depends upon whether the parking spaces are part of the leased premises. One would have to refer to the terms of the lease to know for sure.
It depends upon whether the parking spaces are part of the leased premises. One would have to refer to the terms of the lease to know for sure.
Q: We gave our dog to our vet.Within 24 hours we asked if we could have him back.He will not return him.
Terrence H Thorgaard's answer
You gave the dog away. There is no legal theory which would allow you to void an uncondiional gift.
You gave the dog away. There is no legal theory which would allow you to void an uncondiional gift.
Q: My inheritance in 2011 of 39 thousand dollars was taken by IRS to pay back taxes husband did not pay, self employed.
Terrence H Thorgaard's answer
There is an IRS form (an "injured spouse" form, as I recall) which you can file with the IRS.
There is an IRS form (an "injured spouse" form, as I recall) which you can file with the IRS.
Q: Can the state of Florida issue a child support order without anyone petitioning the courts for it?
Terrence H Thorgaard's answer
I assume this relates to a related question which I just answered. It is possible that the Florida Department of Revenue could ask the courts to award child support, and assuming welfare was paid to the obligee parent, I could collect that child support whether or not the obligee chose to do so.
I assume this relates to a related question which I just answered. It is possible that the Florida Department of Revenue could ask the courts to award child support, and assuming welfare was paid to the obligee parent, I could collect that child support whether or not the obligee chose to do so.
Q: Can child support still be established if it says neither desires it on our agreement?
1 Answer
| Asked
in
Child Custody, Child Support, Divorce and Family Law
for
Florida
on
Answered on Sep 30, 2016
Answered on Sep 30, 2016
Terrence H Thorgaard's answer
If child support is ordered despite the expressed wishes of the parties, the obligee parent could simply choose not to collect it. He or she should probably sign some sort of a release.
If child support is ordered despite the expressed wishes of the parties, the obligee parent could simply choose not to collect it. He or she should probably sign some sort of a release.
Q: Rec'd security deposit check 9/29 for $300 less with note stating they replaced both bathroom and kitchen faucets.
Terrence H Thorgaard's answer
Florida Statute 83.4 provides in pertinent part that
"... (3) ... (a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a...
Florida Statute 83.4 provides in pertinent part that
"... (3) ... (a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a...
Q: Are there any attorneys that can help me restore my civil rights? I have the paperwork but it's so confusing!!
Terrence H Thorgaard's answer
Scan the paperwork to me (See my profile for my e-mail address) and I will have a look at it.
Scan the paperwork to me (See my profile for my e-mail address) and I will have a look at it.
Q: Hello, my friend got pregnant by an American citizen. She lives is Brazil. How can she collect child support?
Terrence H Thorgaard's answer
She needs to contact an attorney in the US state where the father resides, and sue him for child support. Most states also have child support enforcement agencies which pursue child support under some circumstances.
She needs to contact an attorney in the US state where the father resides, and sue him for child support. Most states also have child support enforcement agencies which pursue child support under some circumstances.
Q: Can I be fired because my wife did not move to FL immediately after I took a job?
Terrence H Thorgaard's answer
Did the fact that you are married have anything to do with your being hired? It doesn't seem that where your wife is, or indeed whether you have a wife, is any of their business. But, on the other hand, if as you say you are "an at will employee", they don't need any reason to fire you. I'm thinking there's something they aren't telling you.
Did the fact that you are married have anything to do with your being hired? It doesn't seem that where your wife is, or indeed whether you have a wife, is any of their business. But, on the other hand, if as you say you are "an at will employee", they don't need any reason to fire you. I'm thinking there's something they aren't telling you.
Q: I have a preliminary hearing coming up for some charges against me.
Terrence H Thorgaard's answer
Evidence is not usually taken at a preliminary hearing, so no. It's basically to determine when trial will take place, and other housekeeping matters.
Evidence is not usually taken at a preliminary hearing, so no. It's basically to determine when trial will take place, and other housekeeping matters.
Q: If there is no custody order in place, can I relocate from Florida to Virginia?
Terrence H Thorgaard's answer
If you move there with the child, be aware that it is a felony to, with"malicious intent to deprive another person of his or her right to custody of [a] minor ...". Although he might argue that you have done that, it is doubtful that such an argument would be taken seriously when, as you say, the father has had no contact for years at a time.
If you move there with the child, be aware that it is a felony to, with"malicious intent to deprive another person of his or her right to custody of [a] minor ...". Although he might argue that you have done that, it is doubtful that such an argument would be taken seriously when, as you say, the father has had no contact for years at a time.
Q: In Port St. Lucie recently openheimer law won a foreclosure case with a statue of limitations defense despite the supre
Terrence H Thorgaard's answer
As I read the DCA opinion in Bartram, the lower court "freed up" the mortgage lien, but the DCA over-ruled it. Did the District Court similarly annul the mortgage in your case?
If so, sure, you could sell the house, but any buyer would be foolish to pay anything like fair market value until Bartram is decided by the Florida Supreme Court.
As I read the DCA opinion in Bartram, the lower court "freed up" the mortgage lien, but the DCA over-ruled it. Did the District Court similarly annul the mortgage in your case?
If so, sure, you could sell the house, but any buyer would be foolish to pay anything like fair market value until Bartram is decided by the Florida Supreme Court.
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.