Florida Questions & Answers

Q: I rented a house from my ex brother n law for 8 years. was told I could do what ever i wanted to.cause house was a mess

1 Answer | Asked in Landlord - Tenant for Florida on
Answered on May 29, 2017

Under the Florida Statutes a tenant has a responsibility to not damage the property, other than what occurs during normal wear and tear from living in a rental unit. Holes in walls are usually not considered wear and tear. Painting, without the landlord's authorization, could also be considered a violation of section 83.52, Florida Statutes.

If you are having a dispute with your landlord, you should contact an attorney. With more details about what is occurring, an attorney will be...
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Q: Unseal false sexiallial abuse of a child

1 Answer | Asked in Child Custody, Criminal Law, Family Law and Federal Crimes for Florida on
Answered on May 29, 2017

Please ask your question using a complete sentence. Apparently you are in Florida and you want to, for some reason, "unseal" documents relating to a false charge of sexual abuse of a child. Are these documents filed in Florida or in Texas? If it's the later, you would want to ask this question in Justia › Ask a Lawyer › Texas.
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Q: My sister marchman acted me and I later realized she incorrectly filled out the petition to initiate the act.

1 Answer | Asked in Civil Rights for Florida on
Answered on May 29, 2017

What is your question? Depending upon the allegations in the petition, the judge may issue the order or not.
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Q: I owe back pay from a previous relationship. I'm opening a company LLC would my company earning be garnished

1 Answer | Asked in Family Law for Florida on
Answered on May 29, 2017

As I understand your question, you, but not your LLC, owe wages to a former employee. If the former employee sues you and obtains a judgment, he or she could then obtain a writ of garnishment against the LLC.
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Q: How do I know how to find the procedure by which a case got to court?

1 Answer | Asked in Education Law for Florida on
Answered on May 29, 2017

What do you mean "got to court"? The plaintiff, or its attorney, filed a complaint with the clerk of court.
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Q: Month to month lease end in Florida

3 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Answered on May 29, 2017

Probably. Without reviewing your Lease Agreement, I can't give you an exact answer, but Florida Statute requires notice to terminate a month to month tenancy by giving 15 days notice prior to the END OF ANY MONTHLY PERIOD. In your case, it appears your landlord expects 30 days notice prior to the end of your monthly period, which ends on the 15th. Again, the Lease Agreement would need to be reviewed. You are wanting to vacate half way through your monthly period and there is normally not a...
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Q: Can a notarized will in FL be valid in Puerto Rico?

2 Answers | Asked in Probate for Florida on
Answered on May 29, 2017

Very sorry for you situation. You state your mom has a living will. I assume that you mean a last will and testamant. A last will and a living will are two entirely different documents so I will assume you meant last will. A will to be valid in Florida must be in writing and signed by the testator or testatrix in the presence of two witness. A notary is not necessary to make the will valid. However most attorneys add a self proving affidavit to a will at the same time as it is signed as it...
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Q: Do we have a case? No hot water or electricity. Police instructed All tenant's to leave immediately for sa

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Answered on May 29, 2017

There is not enough facts here to determine if you have a case. However I suggest that you speak with a landlord tenant attorney in your area to go over then entire situation to determine for sure.
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Q: Can the attorney handling will obtain new titles for us in the estate so we can sell cars

2 Answers | Asked in Estate Planning for Florida on
Answered on May 28, 2017

It might depend on whether the attorney is also the personal representative. Most likely the tag and title office will require the names beneficiaries to sign the title applications.
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Q: If a person went to jail for domestic violence and battery and my residence this person's house and they have a no

1 Answer | Asked in Civil Litigation, Domestic Violence and Landlord - Tenant for Florida on
Answered on May 28, 2017

Your right to remain at that property is based upon your legal status as either an owner of the property or a legal tenant. If you are not an owner or do no have a valid lease. It is my opinion that you can be evicted legally.
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Q: Can a person evict me in fl living in his house if I don't have a lease agreement

2 Answers | Asked in Civil Litigation, Landlord - Tenant and Real Estate Law for Florida on
Answered on May 28, 2017

Short answer is yes. You can be evicted from a house even if you do not have a signed lease. You do not have a right to live in someone else's property unless they agree for you to remain there.
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Q: I'm in the middle of a divorce and I believe I have just been blackmailed and don't know what I should do.

2 Answers | Asked in Divorce for Florida on
Answered on May 28, 2017

Is there a question here?
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Q: Can a prosecutor use a record of movement from Android GPS Location History as evidence of a defendant's whereabouts?

1 Answer | Asked in Criminal Law for Florida on
Answered on May 26, 2017

If a search warrant is issued, I assume this question is not so much about 4th Amendment search and seizure issues as it is about the probative value of such evidence. The prosecutor, in such event, would want to have testimony of an expert concerning such matters as the accuracy, reliability, etc. of the data.
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Q: What should I be aware of if I submit an unsolicited screenplay to a studio in terms of ownership, etc.?

1 Answer | Asked in Entertainment / Sports for Florida on
Answered on May 26, 2017

You should be aware that most studios will not read unsolicited scripts, for fear of copyright infringement litigation. You should contact an entertainment attorney or talent agent who can pitch your script on your behalf. Of course, you should ensure that your script is registered with the US Copyright Office, or at the very least, the WGA, before you submit it to third parties with whom you do not already have a contractual or fiduciary relationship.
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Q: How do I get guardianship over an elderly person who is unable to talk?

2 Answers | Asked in Elder Law for Florida on
Answered on May 26, 2017

Being unable to talk doesn't necessarily mean unable to understand. If can understand, can utilize power of attorney - no need to go through guardianship. Hire an elder law attorney to walk you through the procedure.

If unable to understand, need a guardianship lawyer to handle the court proceedings.
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Q: I own a land lot in Sebring FL, I live abroad. I delayed my anual payment to the Property Owner Association.

2 Answers | Asked in Real Estate Law for Florida on
Answered on May 26, 2017

It is your responsibility to keep your current address on file with the Property Appraiser. Generally, if you do not pay taxes for 3 years, the Property Appraiser sends notice to all interested parties, publishes in the newspaper and sets the property for sale. In order to prevent the property from being auctioned, you have to pay the amount required. Unless you can prove there was some error or defect on the part of the Property Appraiser, there is not much defense in your favor. Good luck!
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Q: I'm self-employed and didn't pay taxes for three years. I don't have the money to pay back-taxes now either. Will filing

1 Answer | Asked in Bankruptcy for Florida on
Answered on May 26, 2017

No it will not. See a lawyer in your area and get the taxes filed as well.
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Q: What lawyer would help deal with a name change problem?

1 Answer | Asked in Family Law and Municipal Law for Florida on
Answered on May 25, 2017

A family law attorney should be able to assist. Good luck!
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Q: My son has passed away and I'm not allowed to see my grandchildren.Do I have any rights at all in Florida.

1 Answer | Asked in Wrongful Death for Florida on
Answered on May 25, 2017

She is probably not liable for his [suicide, I assume], arguably could have been prevented had she told the people at the clinic that he was suicidal. I don't know that she had a duty to report his mental state.

But you very well may have a right to see your grandchildren (minor children of your late son and the girlfriend, I assume).
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Q: Can my boyfriends wages be counted towards child support during a divorce?

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

Probably not. The parents' incomes are used in the child support calculation, not a third party such as a boyfriend.
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