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Florida Contracts Questions & Answers
1 Answer | Asked in Contracts for Florida on
Q: Can an inactive entity file suit on a contract entered into while inactive in florida?

If inactive entity pays state corporate fees after filing suit is the entity protected retroactively? Ie contract void due to non existent entity.

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 24, 2022

Yes, an inactive entity can re-establish itself and its actions are retroactive.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Can a property manager non-renew a lease as retaliation on a nonresidential property?

I've asked my property manager at my business location to please enforce the lease. My neighbor runs a machine that vibrates the building around my office. I've been unable to use my office for 6+ months. The lease has a specific clause that machines that vibrate the building or cause... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 23, 2022

A landlord can refuse to renew a contract for any reason as long as it is not discriminatory (based on race, sex, color, etc.). FS 83.64 is residential leases. Chapter 83, Part 1 governs non-residential leases. I would think the landlord would have agreed with you the machinery needed to be on... Read more »

2 Answers | Asked in Contracts and Landlord - Tenant for Florida on
Q: Is the year to year lease in Florida legal if it states 120 days needed to be given for early termination?

My year to year lease states: "You must give at least 120 days written notice of termination or intent to move-out". Looking at Florida State law 83.575, it says "may not require more than 60 days’ notice before vacating the premises". Is the lease I signed in violation of the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on May 17, 2022

Show this to your landlord.

"A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord within a specified period before vacating the premises at the end of the rental agreement, IF such provision requires the landlord to notify the...
Read more »

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2 Answers | Asked in Civil Litigation, Contracts, Real Estate Law and Estate Planning for Florida on
Q: Dispute POA

My father lives in Florida. I live in California.

He added my name and my brothers name to the deed of his condo (no mortgage) in 2017.

In 2021 my brother passed away. In March 2022 my brothers widow was given POA over my father and added herself to the Quitclaim deed without my... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 11, 2022

And you want to know whether the power of attorney and the deed can be annulled, and you can examine the bank accounts? You need to retain a Florida attorney for the purpose of adjudicating your father incompetent as of the date of the POA.

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: We are selling a trailer and the park office has flagged our potential buyer for no credit asking 2 years rent upfront.

What is our recourse?

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 9, 2022

The park owner is not required to allow someone to move in because they are credit risk. You would need to find a new buyer if the buyer is not willing to prepay the rent.

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Acceptance now just let someone lease a product from them under my name without checking identification.

The transaction took place in Portland Oregon and I live in Florida. If they had followed the process of checking an ID they would not have leased the product.

Terrence H Thorgaard
Terrence H Thorgaard
answered on May 8, 2022

And you want to know what to do about it? Since you somehow found out about it, you should immediately inform them, in writing, that it was not you who leased the product. If they eventually file suit against you about the lease, they might do so in Oregon. In that case you will need an Oregon... Read more »

1 Answer | Asked in Contracts for Florida on
Q: Is this breech of contract?

I am a physician and my contract states that my quality bonus, "to be paid within ninety (90) days after the end of each calendar year". It is now May 4th which is 114 days after the end of the year. Wondering if this is breech of contract and would I have options to get out of my... Read more »

Charles M.  Baron
Charles M. Baron
answered on May 4, 2022

Best for you to consult an attorney in person, for review of the contract. Sounds like the employer is in breach, but it depends on whether a "quality bonus" is mandatory or discretionary. If the employer is in breach, the first step is for you to request compliance, and if they refuse,... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Is it legal for an agent to sell her clients properties to her broker without disclosing and resell them before closing?

My son signed a contract to sell 4 inherited properties for far undervalue. His agent never had him sign a listing agreement or listed on MLS, now he found out the buyer is her broker. Same agent has contract to sell 1 of the properties for 50k more and has put signs on others. She insists a... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on May 4, 2022

Your son needs to consult with a real estate lawyer immediately. This is not something you are going to be able to resolve with advice on the internet because a lawyer needs to review the contract and any other documents he signed.

1 Answer | Asked in Contracts for Florida on
Q: If I have the certificate of shares for a company, does that entitle me to it's value? Can I sell it?

I was given a locker with a bunch of stuff still in it. Among the papers and tools I found a certificate of shares for a company.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 30, 2022

Yes, you can probably sell the shares.

1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Contract rental law for condos-I signed a 2 year lease by the landlords mistake it says 6/2021-5/2023.

The written wording says 12 months. He wants to raise the rent after one year, more than 5% without 60 days notice-but it looks like I might have a two year lease, all this hold up in a court of law?

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 29, 2022

A lawyer would have to read the lease agreement to see how it is written. Generally, when there are conflicting terms in a contract, a court will interpret it in favor of the person who did not draft it but not always. The court will also allow evidence other than the agreement to be introduced... Read more »

1 Answer | Asked in Contracts and Legal Malpractice for Florida on
Q: Can an attny add fees cost to a demand increasing the settlement amount, then add fees cost on the new settlement amount

Can an attorney add his/her fees and to an amount a client offered to settle a case, increasing the settlement amount offered, then tacking on fees and cost on that increased amount?

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 15, 2022

Yes, if it is a contract, such as a charge card, which contract provides for attorney fees, they can recover those when they bring it to court. Court costs, including filing fees and the expenses of serving you with process (a "summons" and a copy of the court complaint) can also be... Read more »

1 Answer | Asked in Consumer Law and Contracts for Florida on
Q: Can you sue a gym for fraudulently creating a membership in your name using your private information without consent

The account was created using my private information without my consent they have no signature from me or employee that signed on the account they refuse to cancel and have sent me to collections and I’ve been harassed about this for over a year.

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 15, 2022

Be sure that you keep copies of all correspondence by which you inform them that you didn't authorize them to create the account. It wouldn't hurt to send it certified mail. If they file suit against you for this, you will need that.

1 Answer | Asked in Consumer Law, Contracts, Banking and Military Law for Florida on
Q: I believe my car has been wrongfully repossessed, what should I do?

I am active duty member currently on deployment but coming home soon. Back in January my car got impounded for expired tags. I talked to the impound lot and explained the situation and they said they would hold my car till I got back from deployment. Now right when I am about to come home I found... Read more »

Barbara Billiot Stage
Barbara Billiot Stage
answered on Apr 7, 2022

You are protected by the Servicemembers' Civil Relief Act, which protects military personnel from certain actions while deployed. You should contact the bank and assert the repossession was improper under the Act, especially since you were not past due and had made arrangements for you... Read more »

1 Answer | Asked in Contracts and Animal / Dog Law for Florida on
Q: My wife and I bought our Golden Retriever from pet land under the impression she could and would be AKC registered

How’re after review of her profile document she is ACA registered instead. The pet store assured us that as her parents were not only AKC registered and champion show dogs that she would as well. Once purchased we received all these congratulations from the AKC regarding our new dog and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Apr 6, 2022

Perhaps if you will repost this interesting question and tell the lawyers who read it the REASON why the AKC will not register the dog you might get some better responses.

EVERYTHING happens for a reason. Not knowing the reason(s) things happen makes a difficult job even more difficult.

1 Answer | Asked in Contracts for Florida on
Q: I have a question about a contract in Florida.

I signed a contract in Florida with SunPro for solar energy using LG panels in December 2021, 2 months later in February the company making the panels, LG announced they were getting out of the solar business and would stop making the panels and other solar equipment.

I was concerned that... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Apr 1, 2022

Even if it stops making the panels, LG (and probably SunPro as well) would still be bound by its warranty. And, of course, since you should have read the contract, you are probably bound by it, including the cancellation fee.

1 Answer | Asked in Contracts for Florida on
Q: Is an iou made up by me legal without having it notarized but with just a witness and can witness be a family member?

He owes me about $75k and since I’m 77 I do not want this to drag on for years

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 28, 2022

As I wrote in answer to another question which I assume you asked, yes and yes. But for that much money it would be a good idea to have an attorney review the transaction.

1 Answer | Asked in Contracts for Florida on
Q: Can I create an iou and is it legal without it being notarized but just with a witness ?
Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 28, 2022

Yes, an IOU doesn't have to be notarized. However it should specify particular terms, such as what is the amount of the principal amount owed, when it is due, what if any interest is charged, etc. A witness and notarization can be useful to prove that it was in fact signed, but they are not... Read more »

1 Answer | Asked in Employment Law, Contracts and Business Law for Florida on
Q: Refused to sign a termination agreement, can I get in trouble?

I went to pick up my final paycheck after quitting a few days ago due to paychecks bouncing for myself and other employees multiple times in a row. When I went to pick up check the owner had a packet of paperwork saying termination agreement and asked me to sign it saying it was just for W-2... Read more »

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 11, 2022

If your employer had wanted you to sign such a document, they should have asked you to sign an employment agreement before your job was at an end. So no, you wisely choose not to sign it, although if you had you possibly would be able to argue that there was no consideration for the agreement and... Read more »

2 Answers | Asked in Employment Law and Contracts for Florida on
Q: Refused to sign a termination agreement, can I get in trouble?

I went to pick up my final paycheck after quitting a few days ago due to paychecks bouncing for myself and other employees multiple times in a row. When I went to pick up check the owner had a packet of paperwork saying termination agreement and asked me to sign it saying it was just for W-2... Read more »

Jane Kim
Jane Kim
answered on Mar 11, 2022

Good for you that you did NOT sign their release...

You have a claim against this employer for Worthless Check, which carries treble damages plus attorney fees. This is regardless if they made good on the check(s) later. That's probably why they wanted you to sign that document....
Read more »

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1 Answer | Asked in Contracts and Landlord - Tenant for Florida on
Q: Is a solid waste charge or refuse service considered trash utility?

My lease states that the utility "trash" is covered by the complex. However, I am charged a refuse charge titled "Tenant Solid Waste Charge". Is this charge supposed to be covered by the complex?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Mar 8, 2022

Without having a chance to read your entire lease I will tell you that there is a recognized difference between "garbage" and "trash." Garbage usually means all kinds of solid waste accumulated inside a dwelling, while "trash" usually means lawn clippings, dead... Read more »

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