Florida Questions & Answers

Q: We have a signed contract on a property that is in probate and are supposed to close next week. Apparently title

2 Answers | Asked in Probate for Florida on
Answered on Jul 26, 2017

There is not enough information to know for sure. If the property is subject to a Summary Administration, the title would pass when the Judge signed the final order and the new owners would sign at closing. If the probate is not finalized, all of the heirs could sign to expedite the closing possibly, but Summary Administrations are not typically long procedures. If it is a Formal Administration, the Personal Representative should have authority to sign the deed at closing, so it is not clear...
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Q: In the state of florida can i and an occupant to my lease

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jul 26, 2017

It appears that you hit the submit button before completing your question. Please resubmit your question.
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Q: I am breaking my lease early. When I turn the keys back over to LL can I cancel my utilities?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jul 26, 2017

Since you have decide to "break your lease" I will respond by saying you can cancel your utilities.

How will the landlord respond to your breaking the lease is a different situation all together.
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Q: If 2 cars are making a left turn(on opposite sides) & 1 ends up going straight as the other is turning who is at fault?

1 Answer | Asked in Car Accidents for Florida on
Answered on Jul 26, 2017

There is not a way to answer this question as the determination of "at fault" is up to a judge. However, for purposes of insurance coverage an insurance company can decide not to cover the accident if they comply with or within the terms of your insurance policy.

There must be more to the story in terms of your insurance company taking the position that it did.

I suggest that you consult with an attorney in your are to go over the whole situation.
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Q: Do I have to file an injunction. Feel like I'm being forced to do so.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Florida on
Answered on Jul 26, 2017

You wouldn't "file an injunction" in any event; you would file an application FOR an injunction, asking the court to issue such an injunction.

But I agree with you: I don't see any need for an injunction. Ask the case worker why she is insisting on an injunction.
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Q: URGENT: Pro se assistance needed with filing a motion for enlargement of time to serve summons and complaint.

1 Answer | Asked in Employment Law for Florida on
Answered on Jul 26, 2017

Simply, after placing the caption at the top, state in the order what motion is being granted, and what you want the judge to rule. Like this: "Upon motion by Plaintiff [insert your name], time for service of process upon Defendant is extended [or, of you want, "enlarged") for an additional ___ days. Plaintiff shall have until _____ to achieve service of process." Provide a place for the judge to insert the date and sign it.
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Q: Spouse visa expires in September and is moving out the country. Will the divorce still go through?

1 Answer | Asked in Divorce and Family Law for Florida on
Answered on Jul 26, 2017

You must hire an experienced divorce lawyer to get this done quickly. As a layperson, you do not know how to negotiate the court system, therefore, you will get the excuse that they are "backed up." Good luck
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Q: New complex owners say they have done a Termination of Association and that my current lease is void? can this be done?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jul 26, 2017

Your situation is more complex than this forum is intended to deal with.

You need to consult with a real estate attorney from the area where your rental property is located.

Without reviewing your lease my initial thought is that the company cannot legally take this action. But hire a lawyer to look into it.
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Q: In a car accident, if the other party was found at fault and given a ticket, could she fight it in court/blame me?

1 Answer | Asked in Car Accidents and Traffic Tickets for Florida on
Answered on Jul 26, 2017

Yes. She can fight the ticket in traffic court. The police officer made the determination and charged her with fault but if she fights the ticket and wins that court battle then the officers determination would be nullified.
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Q: Can job charge PTO for bathroom breaks?

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Answered on Jul 25, 2017

If you are a full time employee and you are not given a meal break of 20 minutes or more, then I think it would be improper to deduct pay for the 10 minutes, but, using pto time is not an unlawful practice as long as you are still paid for the time. I think the more important question here is whether you are a full time employee or not and if so, what is the meal break policy. If you do not have pto time, and pay is deducted there can be an claim, although 10 minutes may be dminimis and not...
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Q: what can I do to stop the father of my daughter to take her on an international trip during class period ?

1 Answer | Asked in Family Law for Florida on
Answered on Jul 25, 2017

The child's passport application normally has to be signed by both parents. No properly signed application means no passport. No passport means no international trip for the child.
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Q: If the father wont sign the birth certificate, can the mother still file for child support in florida?

1 Answer | Asked in Child Support for Florida on
Answered on Jul 25, 2017

Certainly. The biological father doesn't need to sign an affidavit of paternity to be liable for child support.
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Q: Question regarding LLC paying an independent subcontractor for services who has a F1 Visa Status

1 Answer | Asked in Employment Law, Immigration Law and Business Law for Florida on
Answered on Jul 25, 2017

Your question is too complex of a legal issue to answer via this type of forum.

You might try speaking with his immigration attorney or consult with a immigration attorney on your own.

You might also speak with your accountant as well as this transaction will ultimately go through your tax return.
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Q: How long does a landlord/property manager have to respond to written requests?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on Jul 25, 2017

Legally the property manager is only bound by the lease agreement itself. Also, a landlord is not obligated to release a party from a lease and add a new party. It can be done and is done all the time but unless the lease outlines a specific time frame I am not sure that there is a time limit.
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Q: Can a landlord rightfully deny to clean a dirty apartment and remove furniture from a previous tenant?

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Answered on Jul 25, 2017

Normally, a landlord will demand that the property be cleaned at the conclusion of the prior rental. However, the condition of the property at the start of your rental is likely not covered by the contract. If you want to rent, then is guess the former tenants items and dust appear to be a problem that you have to deal with. Also, you have signed a lease, and if the lease is silent about the condition of the property going into the lease and the landlord's attitude at the start of the lease,...
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Q: Are back taxes paid on a adverse possession claim refundable if the current owner starts paying the property taxes again

1 Answer | Asked in Real Estate Law for Florida on
Answered on Jul 25, 2017

Normally taxes are only paid once tax collector.

If you paid taxes under the assumption of adverse possession and then your claim of adverse possession lost at court I'm not sure that you have a legal basis to claim that the real owner of the property owes you a refund.

I suggest that you consult with a real estate attorney in your area to go over the case in detail.
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Q: If I had a ADA agreement in place to come back to work and it was not honored. What can I do?

1 Answer | Asked in Business Law and Employment Law for Florida on
Answered on Jul 24, 2017

If you are saying that you have an ADA agreement that allows you to return to work and your employer will not honor the agreement or will not allow you to return to work, then you need to immediately hire an ADA attorney to go after the employer for non compliance with the agreement.
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Q: I inherited a Florida condominium in a 55+ community but I am only 48 years old.

1 Answer | Asked in Real Estate Law for Florida on
Answered on Jul 24, 2017

Yes, an HOA can restrict residence to 55+. The Fair Housing Act was amended to allow the same. The restriction is a residence requirement not a ownership requirement.

If you now want to move into the condo, then I suggest that you begin by speaking with the COA or get a copy of the regulations to see what it says about your situation. This is a detailed situation and I cannot tell you how things will work out.

I suggest that you find an attorney in that area who handles...
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Q: does Fla have depraved indifference homicide laws?

1 Answer | Asked in Criminal Law for Florida on
Answered on Jul 24, 2017

Unfortunately, there are no laws in Florida that apply to this scenario. Perhaps this case may be what's needed to pass new laws.
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Q: Prop sold in foreclosure. warrantydeed 2013 had tax lien.How do I get tax lien to show satisfied?

1 Answer | Asked in Foreclosure, Real Estate Law and Tax Law for Florida on
Answered on Jul 24, 2017

There is not enough information to answer why the county records did not update.

In terms of getting the tax lien removed from your credit report, that is likely not possible. Your credit report is a history of events (good and bad). Whether it gets shown as paid is a different thing since you did not pay it, the lien may still show on your credit report for the reason stated above.
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