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1 Answer | Asked in Landlord - Tenant for Florida on
Q: GOO AFTERNOON, WE RECEIVE A NOTICE TO TENANT OF TERMINATION FROM THE HOA LAWYERS. WE NEED TOSEE IF WE CAN GET MORE TIME.

TO FIND A NEW PLACE TO LIVE.

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 10, 2024

This is not how things work. There's no legal proceeding that would allow you more time. When the lease is terminated, that's the end and you must leave. If you remain, the HOA and/or the landlord can file an eviction complaint against you. The LAST thing you want is an eviction complaint... View More

1 Answer | Asked in Estate Planning for Florida on
Q: How can I obtain an affidavit that states the estate is not indebted. I have a will leaving everything to me.

I need it to get the car title put into my name

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 9, 2024

It depends on the type of assets that will be part of the estate and what their overall value is which will determine the type of probate, if any, is needed and applicable. The Will may need to be probated and in order to do a probate you likely will need a probate attorney based on the type of... View More

1 Answer | Asked in Civil Rights and Immigration Law for Florida on
Q: I'm in florida with a non immigrant visa, i cant get a carry permit in florida, can i persuit that through legal action?

Per florida law as a non immigrant i cant get a carry permit, i am here with an e2 visa and that excludes me from a carry permit in florida, can i try and get one through legal action? Florida also recognizes texas carry permit and in texas a non immigrant i can get a carry pemit.

James L. Arrasmith
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answered on Apr 8, 2024

I understand your frustration with not being able to obtain a concealed carry permit in Florida as a non-immigrant on an E-2 visa. However, pursuing legal action to try to change Florida's laws on this is unlikely to be successful. Here's some key information to consider:

-...
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1 Answer | Asked in Contracts and Construction Law for Florida on
Q: In the state of FL, what is the maximum late payment interest charges a contractor can charge a client for not paying on

In the state of Florida, what is the maximum late payment interest charges a contractor can charge a client for not paying on time? On top of the interest charges can a contractor add a fixed late payment monthly fee? Example 2% late payment fee penalty plus $100.00 per month

Pamela Marie Mori Holcombe
Pamela Marie Mori Holcombe
answered on Apr 8, 2024

Unfortunately, as with many issues regarding construction contracts, many of the rights and remedies are derived from the written terms and conditions of the agreement itself, rather from any statutory or regulatory authority. In very general terms, Florida law provides that no combination of... View More

1 Answer | Asked in Consumer Law, Small Claims and Contracts for Florida on
Q: Around 2 weeks ago I loaned a "friend" 200$. We both signed a note stating the amount loaned the date to be paid and a

Sentance stating if not repaid he has to surrender his vehicle keys to me.

The money has not been repaid. He will not answer text/calls.

How can I enforce the part of his keys being surrendered to me.

Angelo "Tony" Marino Jr.
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answered on Apr 8, 2024

You would need to sue your "friend" in small claims court for breach of contract and specific performance of the agreement. It will cost you about $100 to file and serve your friend, but if you win the case the cost will be part of the judgment against him. I suggest you go to the small... View More

1 Answer | Asked in Child Support, Divorce and Family Law for Florida on
Q: My Ex wife hired an Au pair after the divorce without consulting me and now she wants me to pay for it, Florida

Our schedule is 50/50 the first 15 days of the month Ive the kids and the remaining she have them, I don't need child care during my time because I'm off from work but she wants the child care calculated on the 100% for the au pair fee which is $1700 a month also I don't have access... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

Parenting plan in divorce matter usually address the actual amount needed when it comes to child support. I am curious as to how you are forced to pay for service you do not agree to. You can refuse to pay for the service if it is beyond the arrangement of your divorce decree.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Mobile home

Hello. I bought mobile home in trailer park in Florida 19 years ago. I had lease for one year which was automaticly renewed each year. About year ago my landlord wanted sale the property and gave me 2 months to get finances. I asked him for more time but I got no answer and after 2 months was the... View More

Linda Liang
Linda Liang
answered on Apr 7, 2024

You said you bought mobile home 19 years ago, then the landlord wanted the sell the property. What is the property? The land? The landlord want you to get finance? for what? to purchase the land? How come you became homeless if the land is sold?

it seems that you are not very clear as to...
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2 Answers | Asked in Real Estate Law for Florida on
Q: How can I transfer ownership of my deceased parents property in Lehigh, Florida ?

My father predeceased my mother and she was the inheritor of his estate. My mother passed away in 2022, and I am the Executor and sole beneficiary of her estate. Can you tell me how to change the property into my name, as I would like to sell it. I have their wills and death certificates and have... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Apr 6, 2024

I am very sorry that you have lost both of your parents. The answer to your question is that it depends, you will want to have the property deed reviewed by a probate attorney and it is possible and even likely that you will need at least one probate done and possibly two if your dad's probate... View More

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2 Answers | Asked in Real Estate Law for Florida on
Q: How can I transfer ownership of my deceased parents property in Lehigh, Florida ?

My father predeceased my mother and she was the inheritor of his estate. My mother passed away in 2022, and I am the Executor and sole beneficiary of her estate. Can you tell me how to change the property into my name, as I would like to sell it. I have their wills and death certificates and have... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Apr 7, 2024

Depending on the value of the estate, you could pursue summary administration or formal administration. However, if the assets are titled in a way that they could pass outside probate (like a joint account, a TOD account or trust account with your name on said title), then probate could be avoided.... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: Can lawyer charge fees for response to bar complaint?

I have an attorney in Florida. My case is settled but they still have my retainer money. I filed a bar complaint against them. Can they charge me fees for responding to the complaint I made against them?

James L. Arrasmith
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answered on Apr 6, 2024

In most jurisdictions, including Florida, attorneys are generally not permitted to charge clients for the time spent responding to bar complaints filed against them. The rationale behind this is that responding to a bar complaint is considered part of an attorney's professional responsibility... View More

2 Answers | Asked in Child Custody and Family Law for Florida on
Q: If my dad has legal custody of me but he emotionally abuses me and im happier with my mom can i go back to my mom im 15

I have been wanting to live with my mother again for years he lied about her and said that she was abusive and unstable when she wasnt and im happier with my mom but mentally broken with my dad is there a way i can go back to living with my mom?

Osama Khalil
Osama Khalil
answered on Apr 5, 2024

Presently residing with your father, there's a possibility of transitioning back to your mother's care. As a 15-year-old, your perspective carries considerable importance in custody matters. The emotional strain you endure provides a compelling basis for revising the current custody... View More

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2 Answers | Asked in Copyright, Business Law and Intellectual Property for Florida on
Q: I am making a product that can accompany books. Is it legal if I say “pairs well with (name of a book not written by me)
James L. Arrasmith
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answered on Apr 5, 2024

It is generally legal to say that your product "pairs well with" a specific book, even if you did not write that book. This would likely be considered nominative fair use.

Nominative fair use allows you to refer to another party's product or work in order to describe your...
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1 Answer | Asked in Products Liability and Personal Injury for Florida on
Q: I used Stinger Detox last month and now I have a skin rash? this product contains Red 40 so i need some legal help

I purchased the procduct on Amazon and we I contacted me they suggested that I throw the product in the trash. This rash has been present since I took the product for the first time February. Could someone call me to discuss my next steps please?

Thank you

Tim Akpinar
Tim Akpinar
answered on Apr 5, 2024

A Florida attorney could advise best, but your question remains open for two weeks. You ask for someone to call you. No one here can call you. There is no attorney solicitation here, as in attorney referral sites - things are limited to a short Q & A format here. You'd need to reach out to... View More

2 Answers | Asked in Civil Rights for Florida on
Q: How can I get an attorney for a civil case that took place in 2017?
Charles M.  Baron
Charles M. Baron
answered on Apr 5, 2024

By "civil case ... in 2017", I'm guessing you mean a 2017 incident, not a lawsuit filed in 2017. There is not a category of attorneys for "old incident cases". Search the same way you would for any lawyer in that area of law, including contacting the Fla. Bar Lawyer... View More

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2 Answers | Asked in Civil Rights for Florida on
Q: How can I get an attorney for a civil case that took place in 2017?
James L. Arrasmith
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answered on Apr 5, 2024

Here are some suggestions for obtaining an attorney for a civil case that took place in 2017:

1. Contact your local bar association: Many state and local bar associations offer lawyer referral services that can connect you with attorneys who specialize in the area of law relevant to your...
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1 Answer | Asked in Criminal Law, Federal Crimes, Gov & Administrative Law and Immigration Law for Florida on
Q: I rented an airplane outside of the flight school. Is this considered a Homeland Security Violation and criminal act?

I am a F-1 student in Florida working as a flight instructor in a flight school. The school canceled my i-20 saying i did a Homeland Security Violation for following reason.

It says on the contract that I cannot fly an airplane other than school’s plane but I rented an airplane to build... View More

James L. Arrasmith
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answered on Apr 5, 2024

This is a complex situation involving immigration law, flight school policies, and potential Homeland Security regulations. Based on the information provided, it's unclear whether renting an airplane outside of the flight school would be considered a direct violation of Homeland Security... View More

1 Answer | Asked in Real Estate Law and Probate for Florida on
Q: FL: Does selling a property through a Special Magistrate have rules/stipulations on what can be an acceptable offer?

I own a property 50% and an estate owns the other 50% - it is currently up for sale by a realtor but the listing agreement is about to expire and we have not yet sold the property. The executor of estate is threatening to file a Partition that would have a court appointed employee responsible for... View More

James Clifton
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James Clifton
answered on Apr 4, 2024

In a partition, the court will order the sale. The method of sale can be open market, sealed bid, or auction. If the parties cannot agree on a price to sell the property, the commissioner appointed by the court will set the price. It is likely though that the court would put the property up for... View More

2 Answers | Asked in Civil Rights for Florida on
Q: Legal repercussions of certain actions. Is it legal?

A friend of mine recently rented a car from Hertz Car Rental company through the Uber Driver app so that he could do trips and earn money. Until after my friend signed the rental contract, Hertz didn’t tell him that he and his passengers were going to be recorded by video and audio from inside... View More

Charles M.  Baron
Charles M. Baron
answered on Apr 4, 2024

This is simply a matter of basic contract principles. Your friend apparently agreed to the invasion of privacy by signing without reading it first. It is legally assumed that a contracting party has read and understood what he/she has signed. I often get calls from people who say, "But I... View More

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2 Answers | Asked in Civil Rights for Florida on
Q: Legal repercussions of certain actions. Is it legal?

A friend of mine recently rented a car from Hertz Car Rental company through the Uber Driver app so that he could do trips and earn money. Until after my friend signed the rental contract, Hertz didn’t tell him that he and his passengers were going to be recorded by video and audio from inside... View More

James L. Arrasmith
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answered on Apr 4, 2024

Based on the information provided, it seems that Hertz has included a clause in the rental agreement that allows them to monitor driving behavior through in-vehicle telematics and other devices. However, the specific mention of video and audio recording inside the vehicle raises privacy concerns.... View More

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1 Answer | Asked in Civil Litigation for Florida on
Q: Can i claim an exemption and/or request a hearing after final default judgement in hillsborough county , florida
Barry W. Kaufman
Barry W. Kaufman
answered on Apr 3, 2024

No. A claim of exemption is part of the garnishment process. If you are not garnished, a claim of exemption is moot and will be not seen by the Court. There are ways to ask the Court to vacate the judgment or seek other relief, but I recommend that you retain an attorney to do so.

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