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Florida Questions & Answers
1 Answer | Asked in Criminal Law for Florida on
Q: Is a search warrant valid if the person doesn't live at the address given on the warrant? Technically he's homeless.

Jacksonville Florida is where this happened and he was accused of armed robbery but did not live with me was not on my lease and my name wasn't on the warrant either. They said they had probable cause but I'm not sure they did I'm looking into that. There are inconsistentcies on the... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 25, 2020

The warrant should specify the place to be searched. If that place is your address, they can search there.

1 Answer | Asked in Small Claims for Florida on
Q: My mom got a car loan under her name for a vehicle for me, i paid every month for the vehicle and paid it off, my mother

Is demanding the car back, claiming that since the cars title is on her name still she rightfully owns it.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2020

Hopefully you have a written contract with her. If not, you might have problems.

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Florida on
Q: Can this townhouse association build on my land?

So I'm buying this lot that is in a townhouse community. It is privately owned not by association. I called them up and they are planning on finishing devlopment once covid is over. But I would like to know, if they are allowed to build on my lot because it is in their community. But I do own... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2020

No, they can't build a house on your lot. You better ask them how they think they can do that. Perhaps you really don't own the lot; I suggest you run it by an attorney.

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1 Answer | Asked in Real Estate Law for Florida on
Q: Is it legal to sell a house in FL and not disclose that it a septic system home??

I lived in Maryland and bought a house in Fl. When we got here in January 2020 it took til May to find out the house had a septic system. We never had it inspected because it wasn’t disclosed to buying Realator.

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 24, 2020

So you didn't bother to ask, and now you want to cancel the sale or seek damages (if any)? No, I don't think you can do that.

1 Answer | Asked in Family Law for Florida on
Q: Filed a motion for Contempt,This is the response MOT FOR CONTEMPT/NOT OF HEARING/NOT TO PRODUCE. What needs to be done

What needs to be done now on my part? This is family court where the Respondent is not following the final order and denying all communication with the children and visitations.

B. Elaine Jones
B. Elaine Jones answered on Oct 23, 2020

You should definitely consult with a family law attorney and probably retain one. A Motion for Contempt can be a serious matter. The other documents are requests that the attorney is making for you to produce information or documents. My advice is to consult with a family law attorney. Most... Read more »

1 Answer | Asked in Employment Discrimination for Florida on
Q: is there a way to find a discrimination lawsuit against an insurance company for discrimination?
Kevin Sanderson
Kevin Sanderson answered on Oct 23, 2020

This can be hard but not impossible to do. Beyond a simple search engine search, you have probably already tried, there a few ideas. First, look (online) in your local clerk of court or the clerk where the company is in locally. Next look in the local and federal courts where the company is... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can landlord withholding rental history verification unless rent renewal/move out letter is signed ASAP (due in 9 days).

I am currently living in a rental home with my lease being up 12/31/2020. My landlord requested I sign a renewal/move out letter 60 days prior to my lease being up. Since 10/8 I have received 13 emails (4 today) and 5 text messages requesting this. I do like where I am currently living, however I... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 23, 2020

Rather than spending several hours looking for current Florida case law to support or undercut this ingenious way to make tenants notify their landlord whether they are staying or not I will just advise you to make up your mind now instead of "stringing them along" and making them very... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can my landlord refuse to fix my AC if im a renter on a verbal month to month lease? I live in Miami, FL

What am I legally bound to if I move out because he hasn't fixed it and do I have to pay my rent if he hasn't fixed it?

Barry W. Kaufman
Barry W. Kaufman answered on Oct 23, 2020

Your landlord is not required by law to furnish A/C. If you had a lease that required him to do so, then he would be. But you don't. You are required to pay your rent whether he fixes the A/C or not. Since you are on a month to month, you can give him 15 days written notice that you are... Read more »

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1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Florida on
Q: Can I block legally from my bf returning to residence after playing music n bar as I am high risk in virus?

I want to legally block my bf from returning to our shared residence after playing music in bar as I am high risk in contracting coronavirus & he REFUSES to agree to go elsewhere after playing to change clothes, shower & take all exposed equipment (he has a “following “ of people known... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 22, 2020

it's his as much as it is yours. So your best bet is to find another place to live.

1 Answer | Asked in Legal Malpractice for Florida on
Q: Is there a procedure for a court to follow to see if a registering lawyer is competent to represent a defendant ?
Charles M.  Baron
Charles M. Baron answered on Oct 22, 2020

Don't know what you mean by "a registering lawyer", but in any event, Courts do not screen appearing lawyers for competence. If you are referring to an Assistant Public Defender, the Public Defender carefully screens applicants for lawyer positions in his/her office and thereafter... Read more »

1 Answer | Asked in Employment Law for Florida on
Q: If a worker is fired for asking employer to follow CDC guidelines for COVID-19 is there a case?

My mother works in a small office and the owners have been getting lax in taking precaution when it comes to COVID-19. First, they came into the office to work sans mask, despite being in contact with COVID positive people and tried to hide it. They let my mom work from home for a bit while she got... Read more »

Jay P. Lechner Esq.
Jay P. Lechner Esq. answered on Oct 22, 2020

Generally, your mother would not have a cause of action unless there was an actual law, rule or regulation (as opposed to a non-promulgated guidance) requiring the wearing of masks and the company had a practice of violating it. On the other hand, if she were to join with a group of employees to... Read more »

2 Answers | Asked in Real Estate Law for Florida on
Q: My elderly parents live in the US & are selling their house in PR. What are the secure steps to follow to sell it?

They don’t have a realtor or an attorney. The seller has an offer letter and a prequalify from a bank already

Anthony M. Avery
Anthony M. Avery answered on Oct 22, 2020

They should not go any farther. Hire a competent PR attorney right now to draft the Deed, handle transmittal of the Deed, Note and Deed of Trust, and distribute the sale proceeds after recording the documents. There are PR lawyers here on Justia.

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2 Answers | Asked in Employment Law for Florida on
Q: Is it illegal to fire someone for taking a political survey the company offered, and them not liking the my answers?

So, about 4 days ago I was at work in my cpu and a survey popped up from my company. I take this survey, and to my dismay, it's about politics, Amy Coney Barret, Trump, who will you vote for, etc. I am a Republican so I filled it out as such. I moved from Texas to Florida 1 month ago to take... Read more »

Charles M.  Baron
Charles M. Baron answered on Oct 22, 2020

It times past, it wouldn't be normal, but we are now in times in which the current President, from day one, decided to be a harsh divider rather than a uniter. He has caused this nation to go into a cold civil war that has now cost you your job. Unfortunately, the law does not prohibit... Read more »

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1 Answer | Asked in Civil Litigation for Florida on
Q: Res Justia legal matter already Judged our favor. Statue of limitations . 2014 plaintiff failed trail 2007 default
Charles M.  Baron
Charles M. Baron answered on Oct 22, 2020

To try to get a lawyer's response, you'll need to re-post with a QUESTION, along with a brief description of the facts of the case. Also, "Res Justia" is not a legal phrase. I suspect you mean "res judicata", meaning a thing adjudicated.

1 Answer | Asked in Contracts and Real Estate Law for Florida on
Q: Management company asking for 4% on sale of my house to current tenants.

I bough the house in 2007 with my ex. Being military we moved and both signed a contract with a property company. After a few years we got divorced. We did a deed in leu and the house is solely under my name. I've had the current tenants for years and I am planning to sell. I asked the... Read more »

Seril L Grossfeld
Seril L Grossfeld answered on Oct 22, 2020

Without seeing the contract it is not possible to answer your question. You should have an attorney to assist with the sale in any event, so have that attorney review the contract you have.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Can a landlord present a new lease a week after signing increasing rent 300 more dollars?

Our landlord picked up rent this month and produced a lease with 1500 per month (it was 1400 prior). We asked for time to think about it and they said yes, take the time you need. Three days later we were out of town getting married and he text asking for the extra set of keys. I stated we were in... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2020

1. All agreements of any kind that deal with real estate MUST be in writing and signed by both parties.

2. Written leases expire on the date stated in the written lease.

3. Your lease expired before you left town.

4. Nothing your or your landlord said ORALLY about...
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1 Answer | Asked in Contracts, Real Estate Law and Animal / Dog Law for Florida on
Q: I need legal advice pertaining to a rental property that my father owns.

Tenants of only two months have a dog that is a Pitbulll mix and the park supervisor is now, after initially agreeing to having the dog at the park, demanding my father make the tenants move out of said property. The park contract states that Pitbulls are not allowed, but the park supervisor... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2020

First of all, it does not matter whether this policy is "costing you father great tenants and a good source of income."

Secondly, whatever the park supervisor said is not relevant; nor is what they said controlling because whatever they said it is not in writing. The...
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1 Answer | Asked in Employment Law for Florida on
Q: Can an employer enforce its employees to get flu shots?

From my understanding, in the past, my brother-in-law's employer (a medical group purchasing and supply chain services company) required their employees to get flu shots but did not enforce it. He hasn't had a flu shot in years because the last couple of times when one was administered... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Oct 22, 2020

The good news first: There is Florida or federal no law that allows employers to mandate flu shots for all employees.

However (the bad news): There is no Florida or federal law that forbids employers from requiring flu shots for all employees--unless that requirement of employment in any...
Read more »

1 Answer | Asked in Adoption for Florida on
Q: Can we file termination due to abandonment and step parent adoption ( involuntary)

We lived in Texas for one year prior to relocating to Florida. My ex husband had 5 visits for 24 hour periods during the year ( his choice). After relocating, he has FaceTimed twice in the past year- once for 10 minutes thanksgiving and for 10 minutes three days ago. The child in question is now... Read more »

Deborah Annette Carroll
Deborah Annette Carroll answered on Oct 22, 2020

Thank you for your inquiry. The first issue I see is that you may have a jurisdictional issue that will have to be addressed before any adoption proceedings could move forward. If there were any court orders in Texas involving this child, it is likely that jurisdiction was retained in Texas.... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Is it possible for me to get put out, if my landlord has the wrong last name on my lease and the eviction notice?

My family and I was renting an apartment, and the landlord nor company would not fix nothing at all, my bathroom roof fell on my child, my floor leaks water and my kids got fungus skin infections from it, mold on my roof, walls,etc. And I and my daughter has asthma that gets triggered because of... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Oct 22, 2020

IF you don't contest it in Court, yes. The judge doesn't know anything except what's put in front of him or her. If you have just received the 3 day notice to pay or vacate, you should leave before an eviction complaint is filed. The mere filing of the complaint is enough to damage... Read more »

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