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Florida Contracts Questions & Answers
2 Answers | Asked in Business Law, Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Commercial Sublease: Do I have any rights?

I am subleasing an office space in Orlando. The sublessor has been late the last 4 months even thought I paid my rent to them. As a result, the property landlord has sent me eviction notices the last 4 months. Ultimately, by the middle of each month, the sublessor remits payment. I can not go... Read more »

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

It will depend up the terms of your sublease, but yes, perhaps. Consult with an attorney who can review the sublease document and all surrounding circumstances.

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2 Answers | Asked in Civil Litigation, Contracts, Civil Rights and Small Claims for Florida on
Q: Is sending late notice of payments owed on a notarized written agreement over a home via email counted as harassment?

Wife & I rented a home with a friend during the beginning of her divorce paying all initial costs, etc. After a short time, it was clear it would not work. After multiple attempts to discuss options, the only option she would agree to was her keeping the home. This meant having us replaced on the... Read more »

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

She can report anything she feels like, but I suppose you're asking if you are at some kind of legal risk if she does. It's unclear from your description if you're talking about just one solitary email asking for payment that triggered her reaction, but if just the one, there should be no legal... Read more »

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1 Answer | Asked in Contracts, Landlord - Tenant and Real Estate Law for Florida on
Q: My landlord told me 2 was ago that I didn’t need to redo patch work After getting offer. Now he says I do. Do I?

He received an offer on his home and told me I didn’t need to redo the patch work I supposedly “ruined his walls” with. After his inspection recently fell thru, he now has text me that he is getting quotes to repair the patch work to the tune of $2150. Interestingly enough, my security... Read more »

Linda Liang
Linda Liang answered on Feb 17, 2020

If you don't have anything in writing that he waived his requirement, you will have to repair the wall. You can repair yourself or hire someone cheaper though.

1 Answer | Asked in Business Formation and Contracts for Florida on
Q: Is a company legally bound by a benefits letter or only the actual agreement ?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 14, 2020

There is not nearly enough information here for lawyers to guess at.

1 Answer | Asked in Contracts, Foreclosure and Real Estate Law for Florida on
Q: Looking for any lawsuits filed against Freedom Mortgage as I have been fighting with them for 5 yrs now. Can any1 help?

Was facing foreclosure TWICE with them now and because of their errors, looks as if I will face it again! Can not avoid all their ""fees" added to everything after they say they were removed etc.. its crazy

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 13, 2020

Hiring a very experienced lawyer to write Freedom Mortgage a strong letter might slow these people down and get their attention. Search for an experienced banking lawyer here on Justia to help you.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can I require my landlord to renew my lease since they did not give me notice of nonrenewable within the 60 days?

I live in housing that gets government funding. Per our lease agreement, The landlord is required to give 60 days notice if they're not renewing a lease, which they didn't do. They had to notify me by 1/31/20 (lease ends 3/31/20) but they did not mail notice until February 4, 2020 (I received it... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 11, 2020

Contact the federal or state funding agency and present this situation to them. There may be some other contingency term in the landlords contract with the agency that resolves this dispute.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Although my name is on the lease I never signed it. I live in Florida w/ 4 roomates. Can they sue if I move out?

Roomates have been harassing me periodically.

Keith Kanouse
Keith Kanouse answered on Feb 5, 2020

If you have not signed the lease you are not responsible for the rent. I assume there is no agreement among the roommates.

1 Answer | Asked in Consumer Law, Contracts, Construction Law and Small Claims for Florida on
Q: I have a contract to have flooring installed. The contractor has not come to complete the job. It has been months.

The contractor said he has a health issue, a boil on his butt...

I have also a contract with this same person to have vapor barrier installed. He said he would do it, but I have not seen him since September. What can I do?

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 1, 2020

Send him a letter by certified mail that the contract is cancelled for non-performance on his part. Then find another contractor.

2 Answers | Asked in Contracts for Florida on
Q: Is it a breach of contract if my contract says I was supposed to get a statement today and get paid?

I have emailed them and called them. It is a book publisher. They have not given me a statement or payment.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 31, 2020

It could be, but if you get paid a few days late what are your damages? I suspect they will be minimal.

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2 Answers | Asked in Contracts for Florida on
Q: I hve a verbal agreement and pay $1,000.00 after sending authorization to sign. I did change my mind and cancelling

his services. I told him to return my dep. minus his consultation fees....but nothing happening....can I dispute the charge to my cr. card? if nothing was signed how I can get my money back? How many days should I wait.? thx

ps(service with an attorney) Declaration of heirs/transmission... Read more »

Linda Liang
Linda Liang answered on Jan 30, 2020

Generally speaking, when there is a contract, it is not cancellable unless both sides agree or other compelling reasons, mostly for the other party's fault--misrepresentation, mistake, anticipatory breach.... Pricing is not one of the reasons you can justify your request for restitution.

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4 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Florida on
Q: What type of lawyer do I need?

I paid a company a $20k deposit and was told they have filed bankruptcy. This has not been confirmed and I have not received any notices in the mail. I would like to know my options.

Justin M. Gillman
Justin M. Gillman answered on Jan 27, 2020

I am not an attorney in Florida but believe your recommended course of action is the same. First, if a company filed bankruptcy, it is public information and therefore accessible. That would be the easiest starting point to determine if the company has filed. Sometimes, companies say they... Read more »

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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Florida on
Q: I paid a company a deposit and was told they have filed bankruptcy. How do I confirm this and what are my rights?

The company is located in Titusville, Florida and I am located in St. Petersburg, Florida.

Timothy Denison
Timothy Denison answered on Jan 27, 2020

Pacer.gov

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1 Answer | Asked in Contracts for Florida on
Q: how do I respond to a summons on a corporation paragraph that states: All conditions precedent have occurred

or have been waived by the defendant

Terrence H Thorgaard
Terrence H Thorgaard answered on Jan 27, 2020

You are referring to the complaint which you received along with the summons. It depends upon what the case is about. You would have to run it by an attorney.

See Florida Rule of Civil Procedure 1.110

http://phonl.com/fl_law/rules/FRCP/frcp1110.htm

1 Answer | Asked in Contracts for Florida on
Q: My company was sub-contracted by a production firm to film footage for an auto dealership. The footage was never paid.

The footage was widely used in a video commercial. Should I sue for copyright or breach of contract?

Jonathan E. May
Jonathan E. May answered on Jan 25, 2020

Yes, you have a valid and potentially valuable claim. Good luck. I am available if you want to discuss.

1 Answer | Asked in Civil Rights, Constitutional Law, Contracts and Criminal Law for Florida on
Q: Why would a police officer show up at my door at 830pm?

I wasnt home at the moment. I was at work but my husband and 2 children were and when answering a knock on the door at this hour by a police officer asking to speak with me, and if I was in the house at the moment? When my husband informed the officer that I was not home and working until late... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 25, 2020

Your husband already solved the problem; all you need to do is hire a criminal defense lawyer before the police come back-early one morning.

1 Answer | Asked in Contracts for Florida on
Q: How do I get payment from HOA if they refuse to provide documents per a records request? This was sent in October.

My letter was returned to me by board president shredded in pieces.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 14, 2020

You are wasting your time. If you want your HOA to pay attention to you I suggest you hire a lawyer experienced in these kinds of HOA/member disputes and pay them to advise you how to get records from your HOA.

1 Answer | Asked in Contracts for Florida on
Q: In Florida does the dealer or agent have to sign the customers copy of bill of sale and or retail installment contract?
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 14, 2020

Depending upon the product or kind of service involved, most "dealers or agents" do have someone sign every bill of sale or retail installment contract at some point in the process. However, they do not normally do it immediately; that is probably why the copy you have is not signed.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Florida on
Q: Can we sue and win a case against the homeowner due to breaking our tenants rights?

I rented a vacation home in Florida for two weeks directly through email using a Paypal payment. I found the house through vrbo.com which states no pets are allowed, though I did not see this statement, though I did not book through vrbo.com, but direct through the homeowner and pet policy was... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 13, 2020

Sue for what? The $200 deposit? What else are you wanting to sue for? Breach of privacy? That dog won’t hunt here oh Florida.

However, if you want to file a $200 small claims case in the county where the condo is located you can do that-without a lawyer. But then what will you do when...
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1 Answer | Asked in Contracts and Products Liability for Florida on
Q: Can I sue to get my money back and give back the car?

I purchased a vehicle from a used car dealer, I asked prior to the purchase if there were any mechanical issues that needed to be addressed sooner rather than later, I was told no the car is perfect. I’ve fixed everything that needed to be repaired. I paid the $3,000 and I drove the car off the... Read more »

Charles M.  Baron
Charles M. Baron answered on Jan 13, 2020

You need to consult an attorney handling consumer protection matters in person, in order to show the purchase agreement and go through the whole story. One issue is whether you signed an "AS IS" contract (an unwise thing to do). If you did, that would present an obstacle to recovery, though in... Read more »

4 Answers | Asked in Contracts and Divorce for Florida on
Q: Do I have any responsibility to make payments on a credit card if I am or am not an authorized user?

I shared a credit card with a boyfriend and now we are broken up and he wants me to make payments on it since we both used the card. I am not an authorized user.

Rand Scott Lieber
Rand Scott Lieber answered on Jan 8, 2020

Based on the facts that you have provided you have no legal obligation to make payments.

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