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COVID-19 Florida Questions & Answers
2 Answers | Asked in Immigration Law for Florida on
Q: Waiting on EAD it’s been 10 + month, can I use my Oder Of Supervision document instead to renew DL?

I have a Florida DL for more than 35 years, Had a green card, broke the law and now have an Order of Supervision indefinite. Each year I report to ICE, apply for EAD renew and than get DL. I know the law chances all the time but since COVID. I sent for my EAD back in March 2020, still have not... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on Jun 19, 2021

What documents are required in order to renew your license is a question for the DMV. Your EAD may be automatically extended based on USCIS actions taken during COVID. More information is needed. I suggest you consult an experienced immigration attorney or do your own research and/or contact the... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Feb. 2020 moved into apartment complex owner “westside lakeshore LLC” covid happened. Covid paper work submitted.

Pr county website he has seen, No order/ judgement taken. I received notice of termination of month to month tenancy. On June 4th it Says rental of property has to be surrendered by 6/30/2021. This paper is not from a lawyer, court or service processor? Is this legal.

They... Read more »

Barry W. Kaufman
Barry W. Kaufman answered on Jun 17, 2021

You are a month to month tenant, which means that the LL can terminate your lease with 15 days notice. You are not being evicted, so Covid has nothing to do with it. A landlord's notice that your tenancy is not being extended another month is not a document that comes via the court system. Its... Read more »

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Hi. Thank you In advance! Can I be evicted currently?

Landlord states I’m past due and owe 3200. last payment was 3000$ with stimulus money. I have three minor children, one of whom is diagnosed with a disability and receives SSD. Is the moratorium still valid on non payment due to COVID-19 hardship? I am SE EMPL, receive unemployment, have applied... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2021

No, I don't believe the moratorium is still in effect. Basically, having already given you notice, what the landlord needs to do is file a complaint with the court and schedule a hearing. At or before that hearing, you must deposit the past due rent and other charges with the court. If you... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Do I have any case against my roommate or leasing company?

I moved into a nice, upscale apartment in Florida a few months back. I came home one day and my roommate had emptied his storage unit into the living room. It was so absurd you couldn't even walk through all the stuff. I told him this was unacceptable to which he replied, "They cant evict... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 17, 2021

It is not clear what you want to sue them for; your roommate has too much furniture and he installed cameras which you took down already. I don't see how the furniture or the camera would be grounds for a lawsuit, but if the leasing company "offered to let [you] out of the lease if [you]... Read more »

3 Answers | Asked in Contracts for Florida on
Q: How do I collect on an agreement to pay for a business?

I sold the business to my partner, he sent me an agreement and signed it that he would pay me over 4 years and stopped making payments. Can I do anything to collect that? I am a 78 years old and really need the money. I haven't done anything since Covid, but now he is back in business and... Read more »

Charles M.  Baron
Charles M. Baron answered on May 18, 2021

First present your own written demand, if you have not already. Specify the terms breached and the amount owed. If you can't work it out, promptly schedule a consultation with an attorney. Beware of the statute of limitations, which for written contracts in Fla., has a limitations period of... Read more »

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2 Answers | Asked in Immigration Law for Florida on
Q: I-485 Application. We haven't heard from USCIS since August 2020.

I'm a US citizen. I've submitted an I-485 adjustment of status family-based for my wife on August 11, 2020. We've got the I-797C notifying me that process is in course at the National Benefits Center. I haven't heard from USCIS since then. We haven't even gotten the... Read more »

Kyndra L Mulder
Kyndra L Mulder answered on May 7, 2021

Adjustment of Status through a spouse is taking longer than normal since COVID. This is because many offices closed for a while resulting in backlogs.

If your wife has been previously fingerprinted by the USCIS, she may not receive a bio appointment and they are using her previously take...
Read more »

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1 Answer | Asked in Products Liability for Florida on
Q: Is it possible to sue a large hotel chain for housekeeping negligence and not sanitizing for covid?

I have videos and pictures of blood, urine and other horrific things found in my room upon checkin, but didnt know if this is enough to pursue a lawsuit. I also have receipts of having to purchase my own bedding and linen because they had none.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 7, 2021

You can't sue for negligence if you cannot prove damages. The only damage I see is the price of the room. You should have protested when you got to the room.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can a landlord verbally tell me is selling the house I am renting? Can he schedule showings during pandemic?

My lease expires in June 30. He told me is selling but he did not give me a writing note. He is scheduling shows but I am very concern because I am 65 years old.

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 3, 2021

Yes, your landlord can show the house assuming he gives you reasonable notice. Obviously you can require the visitors to observe measures (wearing of masks, etc.) to protect you from infection.

1 Answer | Asked in Landlord - Tenant for Florida on
Q: My landlord sold the property. Does he have the right to make me move out during the pandemic if it leaves me homeless.
Barry W. Kaufman
Barry W. Kaufman answered on Mar 31, 2021

If you have a lease with the old landlord, the new owner must honor your lease. When your lease expires, you must leave unless the new owner and you enter into a new lease. The owner is not obligated in any way to let you stay 1 minute after your lease expires. It's up to you to find a new... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: i rent in a group home in deerfield Beach with no lease. I have been there for 15yrs. owner sold the house "as is "

How long do i have legally with the pandemic still among us before i need to vacate? can she make us or force us to move out?thank you

Barry W. Kaufman
Barry W. Kaufman answered on Mar 2, 2021

Probably until the end of March, but the new owner must give you notice. Assuming notice is furnished according to the statute, the answer is yes - you can be forced out, Covid or no covid. It doesn't matter if you've been there 15 years or 15 days. Selling the house "as is" has... Read more »

1 Answer | Asked in Landlord - Tenant for Florida on
Q: Have college student who lived in out-sourced apts (not enough on campus dorms). In Jan/Feb 2020 was asked if planning

to stay in 2020-2021 school yr for same cost. Covid then hit. The apts had a lot of students to become ill. Student advised apts was leaving in May to avoid becoming ill since campus was shut down. Feb 2021 recd ltr from apts stating owed from Sept through present. Does student have to pay after... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 25, 2021

It depends upon the notice provisions in the original lease (rental agreement), specifically how long of a notice of non-renewal the student/tenant must give. And, of course, this is assuming that the January/February and May notices by the tenant were in writing.

1 Answer | Asked in Employment Law and Employment Discrimination for Florida on
Q: Should i get paid for working myself and another assistants job?

Got hired on into a 3 assistant position. After Covid, was down to myself and 1 other assistant. This assistant would call out/quit/not show up 2-3 times out of the week on a weekly basis. This would leave me alone to hold up the entire Office and all the patients by myself. First asked owner of... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Feb 23, 2021

No, it's apparently not discrimination on the basis of race, sex, or other suspect classification. Other than that kind of discrimination, an employer can employ, or not employ, whoever the employer wants. And no, they don't have to pay you for, in effect, working multiple jobs at once.

3 Answers | Asked in Bankruptcy for Florida on
Q: I owe a lot in credit cards. I havent been able to work due to covid. Can I file bankruptcy before I get too far behind?

I'm self employed. I do landscaping and I have credit cards in my name and my fiance has others in her name,but it to help me to use for my business We owe up to 48,000. In my name its 13,000 her name 35,000. SInce the pandemic I havent had a lot of work. I've been making our credit card... Read more »

Kevin M Ryan
Kevin M Ryan answered on Feb 18, 2021

One thing to consider at this point is whether you have any upcoming bills such as medical bills, or an eviction related bill. Prior to filing a bankruptcy case it is important to consider letting all obligations come to fruition, so that you know everyone you owe money to on the date you file... Read more »

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can my landlord force me to have showings and open houses during the pandemic?

I rent a single home in Florida and the owner's realtor is having showings and I feel it's a safety risk to my health having 60 people coming to the house. I have a compromised health issue and I fear getting sick and in 1 day the realtor allowed 60 people to walk around the house. Is... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Feb 8, 2021

While I can see why you are concerned, as far as I have heard or read about, none of the provisions in the federal government's PPP or stimulus legislation provides tenants any protection from this unique situation. However, since it appears that your landlord is trying hard to sell the house... Read more »

5 Answers | Asked in Immigration Law for Florida on
Q: When can I file the petition for the K1 visa?

I met my girlfriend now fiance back in august 2019, when can I petition for the K1 visa? We have already met twice.

Kevin D. Slattery Esq.
Kevin D. Slattery Esq. answered on Feb 2, 2021

As the saying goes, "There's no time like the present." - particularly given the requirement that you and your fiancée have met physically at least once during the 2 year period immediately preceding the filing of your Petition for Fiancé(e). Consider scheduling a consultation... Read more »

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: Due to Covid I might not be able to live in my rented home, or home town.

In our family plan, it says it I cannot move more than 50 miles away. But he has moved over three times always in the 50 miles further and further. We’re almost at the furthest point we can be. I currently live in Miami I would like to move to Fort Lauderdale or maybe even south somewhere where... Read more »

Vanessa Vasquez de Lara
Vanessa Vasquez de Lara answered on Jan 29, 2021

Relocations are moving more than 50 miles from where you lived at the time that the parenting plan was entered. The move is not 50 miles from the Father. This could lead you both to living up to 99.9 miles from each other if you each move almost 50 miles from the original family home. This could... Read more »

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Florida on
Q: My landlord died and I was gave Certified letter stating they will not be renewing my lease do to his realtor selling

The property I have been living paying my rent for 8 yrs. and they want me out by Jan.31,2021 I was gave the letter back in June of 2020 but it been so hard to find a place do to the pandemic is they breaking the law somewhere cause no one haven’t came and seen the home to buy anything

Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 29, 2021

The property may be tied up in probate or the personal representative of the estate may be waiting for you to vacate to fix the property up to sell, but that does not mean you cannot be evicted once the lease expires. If an eviction action is filed against you, you will have a trouble finding any... Read more »

1 Answer | Asked in Real Estate Law for Florida on
Q: New BOD changed locks on clubhouse. How long do they have to replace old keys?
Barbara Billiot Stage
Barbara Billiot Stage answered on Jan 20, 2021

It depends on why the locks were changed. Many associations have closed their amenities due to COVID-19. Florida Statute 720.116 gives the association to do whatever is necessary during a state of emergency for the safety and health of the membership.

1 Answer | Asked in Civil Litigation for Florida on
Q: Schedule a Special Set Hearing

I have been attempting to schedule a special set hearing for a Motion to dismiss for a few months, but the opposing party continues to state they have COVID 19 complications and will not be able to present their opposing motion. Can I schedule the hearing? Or do I have to wait for the opposing... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jan 19, 2021

These are very unusual times--and thus require using unusual means to get things done in the judicial system.

I suggest re-filing your motion as an "Unconsented Amended Motion to Dismiss" together with a SEPARATE motion requesting a hearing date be set. Explain at the very onset...
Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for Florida on
Q: Does he not owe child support due to COVID lockdowns and terms of the child support agreement?

Ex-spouse & I signed a mediation agreement early 2020, just before legally mandated lockdowns. in lieu of paying to court, ex agreed to pay equivalent amount of per guidelines child support by paying child's insurance coverage (pretax from paycheck) & day/aftercare. Shortly after... Read more »

Rand Scott Lieber
Rand Scott Lieber answered on Jan 19, 2021

You need to read your agreement carefully. He is not "off the hook." However, if the agreement says he pays the daycare directly and the daycare closed then he can argue that he does not have to pay. You may need to go back to court for clarification or enforcement. What he did or is... Read more »

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