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Florida Arbitration / Mediation Law Questions & Answers
5 Answers | Asked in Landlord - Tenant, Arbitration / Mediation Law, Contracts and Real Estate Law for Florida on
Q: Commercial tenant in Florida faces rent and tax issues despite lease terms on escalation limits.

I am a commercial tenant currently in year 3 of a 5-year lease. The rent began at a flat $1000 a month for year 1, escalating at 4% annually. After signing the lease, I brought my landlord on as a partner, and after 2 years, I bought her back out. However, I've recently received a letter from... View More

Linda Liang
Linda Liang
answered on Jun 29, 2025

The direct answer is that your argument is not necessarily in your favor but a good calculation may reduce your share and your landlord does not necessarily have the contractual right to increase your rent. Again, you should not go into the arbitration without representation.

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5 Answers | Asked in Landlord - Tenant, Arbitration / Mediation Law, Contracts and Real Estate Law for Florida on
Q: Commercial tenant in Florida faces rent and tax issues despite lease terms on escalation limits.

I am a commercial tenant currently in year 3 of a 5-year lease. The rent began at a flat $1000 a month for year 1, escalating at 4% annually. After signing the lease, I brought my landlord on as a partner, and after 2 years, I bought her back out. However, I've recently received a letter from... View More

Jacqueline Alicia Salcines
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answered on Jun 28, 2025

25% increase is outrageous and may clearly cause you to default. It does not sound like the landlord is abiding by the terms of the Contract. However, to be sure, the best way is to send the Contract to a real estate lawyer. Once we review it, we can advise if in fact there is a clause that caps... View More

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5 Answers | Asked in Landlord - Tenant, Arbitration / Mediation Law, Contracts and Real Estate Law for Florida on
Q: Commercial tenant in Florida faces rent and tax issues despite lease terms on escalation limits.

I am a commercial tenant currently in year 3 of a 5-year lease. The rent began at a flat $1000 a month for year 1, escalating at 4% annually. After signing the lease, I brought my landlord on as a partner, and after 2 years, I bought her back out. However, I've recently received a letter from... View More

Linda Liang
Linda Liang
answered on Jun 29, 2025

It seems that you have a serious problem at hand. First, you have a corporate issue. The partnership has no impact on the performance of the lease, but the payment affects the partner's equity. Secondly, you need to review the lease thoroughly to know whether the landlord has the contractual... View More

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2 Answers | Asked in Arbitration / Mediation Law and Employment Law for Florida on
Q: Do I have to sign an arbitration agreement after job change in Florida?

I'm in Florida and have been employed with my company for five years. Recently, I was moved to a new department in a lateral position, which I felt I had no choice but to accept. My employer just sent me an arbitration agreement to sign with a specified deadline. I haven't spoken with HR... View More

Tim Akpinar
Tim Akpinar
answered on May 27, 2025

A Florida employment attorney could advise best, but your question remains open for almost two weeks, and you mention a deadline. My experience with arbitration agreements is limited to injury claims, but from my experience there, I can say that they are enforceable (in terms of precluding... View More

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3 Answers | Asked in Divorce, Family Law and Arbitration / Mediation Law for Florida on
Q: Can I expedite my divorce process being pregnant with another person's child in Florida?

I'm currently in a divorce process and pregnant by another person, with my due date set for mid to late June. I'm concerned about complications with the newborn's registration. I've discussed custody informally with my spouse, who's been absent at mediation, delaying... View More

Kunal Mirchandani
Kunal Mirchandani
answered on May 20, 2025

Your situation raises both legal and practical considerations, and I’m glad you’re seeking guidance now.

In Florida, being pregnant by another person does not automatically expedite a divorce, but it can complicate the timeline—especially with regard to establishing paternity and...
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3 Answers | Asked in Construction Law, Contracts, Arbitration / Mediation Law and Real Estate Law for Florida on
Q: Pool contract delays: How can I get contractor to finish work?

I signed a pool construction contract in June 2024, and despite making payments totaling nearly $100,000 and having written records, the pool is still not completed. The contract specified a completion timeline of 16-18 weeks, but it has been nearly a year. The contractor does not respond to my... View More

Tim Akpinar
Tim Akpinar
answered on May 12, 2025

A Florida attorney could advise best, but your question remains open for a week. You ask about what type of attorney - your starting point could be to reach out to civil litigation attorneys with experience in contract disputes/construction contract disputes (depending on the technical complexity... View More

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2 Answers | Asked in Divorce, Arbitration / Mediation Law and Family Law for Florida on
Q: Should I request bridge-the-gap alimony during my divorce in Florida?

I am filing for divorce pro se after 25 years of marriage in Florida. I've ensured my spouse receives 50% of all assets, half of my 401K, and the household savings. Despite this substantial asset division, my spouse, who has only worked part-time due to our arrangement, is seeking full-time... View More

Rand Scott Lieber
Rand Scott Lieber
answered on May 10, 2025

There is a difference between making an offer of settlement and filing pleadings. If it comes to filing pleadings then you don’t need to mention alimony at all. That burden is on your partner. Speak with a local family lawyer for more specific advice.

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3 Answers | Asked in Arbitration / Mediation Law and Civil Litigation for Florida on
Q: Mediation issues and motion to compel payment after case disposition.

I was ordered by a judge to go through mediation for a civil case. I preferred an in-person session, but the mediator was only available via Zoom. The Zoom connection was poor, disconnecting about 50% of the time. Despite contacting him by phone during the session without success, the mediator... View More

Charles M.  Baron
Charles M. Baron
answered on May 9, 2025

You did not indicate whether an agreement was reached in mediation, nor did you indicate if you were represented by counsel in mediation. Those are important factors for determining your next steps. Of course, if you were represented by counsel, consult with him/her. In the scenario of you NOT... View More

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Q: Received cease and desist from HOA about tenant marijuana use; should I share proof of notification email?

I received a cease and desist letter from my HOA attorney, stating that my tenants have been smoking marijuana, affecting other homeowners. Other homeowners have mostly made verbal complaints, with one formal written complaint. My lease does not specify terms regarding smoking or drug use. I have... View More

Barry W. Kaufman
Barry W. Kaufman
answered on May 8, 2025

yes, you should share the notice to your tenants. There's no privacy concerns. As the owner of the unit, you are the one whose life the HOA can make most miserable, and financially difficult. It makes no sense to not cooperate with the HOA.

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2 Answers | Asked in Family Law, Arbitration / Mediation Law and Child Custody for Florida on
Q: Looking for advice on 50/50 custody case in final stages, West Palm Beach, FL.

I'm looking for a family law attorney in West Palm Beach. My case, which I have managed with the help of a paralegal up to now, is at the mediation stage where we couldn't agree on a 50/50 custody arrangement. There are no court dates set, and there aren't any specific concerns... View More

Daniel A Bachert
Daniel A Bachert
answered on May 2, 2025

Based upon what you have stated it would seem to be time to prepare for final trial, the court must be advised that the action is ready for trial and a court date will be set. Expect that date to be somewhere in the next four to six months. If there is no agreement regarding time sharing or a... View More

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1 Answer | Asked in Arbitration / Mediation Law and Small Claims for Florida on
Q: Seeking small claims mediation representation in Florida.

I'm involved in a small claims case where the defendant and I have agreed to settle through mediation scheduled for April 3rd, 2025. I'm seeking legal representation for the mediation process. Can you advise on how to find a suitable lawyer?

Tim Akpinar
Tim Akpinar
answered on Mar 18, 2025

A Florida attorney could advise best, but your question remains open for over a week, and April 3rd is right around the corner. You've probably already been searching on your own by now. You could supplement your efforts with the "Find a Lawyer" tab above or the attorney referral... View More

2 Answers | Asked in Construction Law, Arbitration / Mediation Law and Contracts for Florida on
Q: Advice needed on contractor breach and arbitration in a fixed-price renovation contract in Florida.

I have a fixed-price construction contract in Florida for a $78K renovation. We signed it several months ago, and permits were just obtained three weeks ago. Now, the contractor demands an additional $22K due to increased subcontractor costs and refuses to proceed unless I agree, despite the... View More

Erik A. Perez
Erik A. Perez
answered on Mar 13, 2025

1. Does the contractor’s refusal to proceed at the fixed price constitute a material breach under Florida law? It may, as you mentioned the price is fixed. However, the contract may contain exclusions or exceptions. The terms of the contract would have to be reviewed.

2. What...
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1 Answer | Asked in Child Custody and Arbitration / Mediation Law for Florida on
Q: How to address ex planning to move away with our child under a 50/50 custody plan?

I have a parenting plan with my ex where we share 50/50 custody. My ex recently informed me that he plans to move 3-4 hours away with our child, and I'm not comfortable with that decision. Our parenting plan doesn't mention relocation. What steps can I take legally to address this... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 13, 2025

There is a law that prohibits relocation more than 50 miles, Statute 61.13001

Here is the link:

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.13001.html

Speak with a local family lawyer for more specific advice.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Child Support and Family Law for Florida on
Q: Options for dismissing ex's custody petition due to non-compliance and lack of contact with son.

I was ordered to mediation with my ex regarding custody of our son within 30 days from 01/24/25, and both of us were required to file financial affidavits. I submitted my affidavit on 02/17, but my ex has not filed his yet and hasn't been in contact with our son since 2023 after moving to... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Mar 5, 2025

If there is a court order to mediate and it is scheduled then you should appear. Tell the mediator that you cannot move forward without his financial affidavit. You can also fie a motion to compel his financial affidavit. If the facts are as you say then the court should rule in your favor... View More

1 Answer | Asked in Arbitration / Mediation Law and Real Estate Law for Florida on
Q: When having to participate in mediation with HOA in florida,do the mediator have to be in the same county as the home?

When having to go to mediation with the HOA the HOA lawyer has listed mediators in his county which is 40-60 miles away, are mediators required to be in the county the property and potential suit be taking place or anywhere within the state?

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2024

There are Florida attorneys here who do deal with HOAs who could answer your question best, but it remains open for a week. Until you speak consult with one, there is a general principle in arbitration/mediation where parties could raise the issue that a particular venue or forum is unduly... View More

1 Answer | Asked in Criminal Law, Real Estate Law, Arbitration / Mediation Law and Landlord - Tenant for Florida on
Q: What do you do if forced. Under the threat of of bodily and family harm to sign a Florida quick deed?

I was forced to sign a quick deed to property that I own. By a Ex-prison con artist who kept threatening my and still is threatening my family. What can I do?

James L. Arrasmith
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answered on Mar 30, 2024

If you were coerced into signing a quitclaim deed under threats, it's important to take immediate action to protect yourself and your family. The first step is to contact law enforcement to report the threats and the coercion. They can offer protection and advice on how to proceed safely.... View More

1 Answer | Asked in Tax Law and Arbitration / Mediation Law for Florida on
Q: Attorney fees paid by defendant for plaintiff deductible on 1040 Sch 1 line 24 h?

I received a lump sum settlement for disability benefits under my employer's LTD group policy last year, and I believe my claim should meet the definition of unlawful discrimination under IRC section 62 a 20 e 18 so I am likely able to deduct attorney fees and court costs on 1040 Schedule 1... View More

James L. Arrasmith
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answered on Mar 29, 2024

Understanding the nuances of tax deductions related to attorney fees and court costs can be complex, particularly when it comes to settlements for disability benefits under an employer's LTD group policy. According to IRS Publication 525, attorney fees and court costs associated with claims... View More

1 Answer | Asked in Arbitration / Mediation Law, Civil Litigation and Legal Malpractice for Florida on
Q: Hi, my attorney just filed a motion to withdraw due to mconcerns of unfair practices: he cxl my mediation I need help

I have a trail date already in place that he requested to leave for March 2024. He canceled my mediation and put in a motion to withdraw the day before my mediation. I still showed up to mediation but no one was there

Tim Akpinar
Tim Akpinar
answered on Feb 5, 2024

A Florida attorney could advise best, but your question remains open for a week. The first thing to do could be to learn about the withdrawl, whether it was with prejudice or without prejudice. Withdrawing a case with prejudice generally means no rights reserved to refile the case. Withdrawing... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Arbitration / Mediation Law for Florida on
Q: How can I get U-Haul to drop grand theft charges on me, if I never stole their vehicle and now they have got it back?

I rented a U-Haul, while in was in my possession, someone stole it from me along with my personal belongings that were in it. Once I reached out to U-Haul they had already reported it stolen (from or by customer). Someone finally contacted me and informed me where the U-Haul was, and I contacted... View More

James L. Arrasmith
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answered on Jul 6, 2025

You need to gather every piece of evidence showing that you did not intend to steal the vehicle and that you made a consistent effort to recover it. Start by collecting your rental agreement, communication logs with U-Haul, proof of the police report, and any receipts or messages related to the... View More

3 Answers | Asked in Divorce, Family Law, Employment Law and Arbitration / Mediation Law for Florida on
Q: Do I need to update my financial affidavit in a Florida divorce with no income change?

I am currently unrepresented in a divorce case in Florida, while my spouse has legal representation. He left in 2019, and I cared for both our children until our son moved in with him two years ago. He gained control over our finances and didn't file for divorce until early last year.... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 27, 2025

If a formal request was filed with the court then you need to comply. Just make the edits to your prior affidavit and file it with the court. Speak with a local family lawyer for more specific advice.

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