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COVID-19 Florida Questions & Answers
1 Answer | Asked in Landlord - Tenant for Florida on
Q: Can I evict a tenant at the end of his lease agreement (Nov 30, 2020) despite the ban of evictions?

Also, the family had a case of coronavirus in May. They are working now. They were paying part of the rent occasionally, but the debt is more than 5,000.00.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 16, 2020

I see several corrections that are needed here:

1. The recent "ban on evictions" expired August 31.

2. Landlords can get rid of tenants at the end of a lease term for any reason.

3. Doing so is not called an "eviction."

4. It is called...
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1 Answer | Asked in Bankruptcy for Florida on
Q: My student loan has been charged off due to delinquency (although I thought my loan was suspended through the pandemic).

Before charging off my loan do the loan provider have to give me notice via email / letter?

They often called me out of hours (something discover has been fined for in the past). What recourse do i have?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 13, 2020

A lender's "charge-off" of a loan debt does not affect your legal obligation to repay; the charge-off is an internal accounting/regulatory-driven function that adjusts (reduces) the lender's capital structure and lending authority. I am aware of no legal requirement that you,... View More

2 Answers | Asked in Tax Law for Florida on
Q: Is there a Statute of Limitations on IRS assessing taxes, penalties and interest?

I received a NOTICE CP71D from IRS stating "Annual reminder of balance due taxes for tax year 1995. AMOUNT DUE $33,561.26. No explanation or detail as to what it is for. I paid ALL TAXES, PENALTIES AND INTEREST due for TY 1995 on 7/20/18. I called the IRS collection officer who handled my... View More

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Oct 12, 2020

1. KEEP ALL YOUR DOCUMENTS PROVING PAYMENT OF BACK TAXES FOREVER.

2. The IRS is on a tear these days trying to collect as much money in taxes as possible because of the severe economic depression caused by the pandemic.

3. Under normal conditions the IRS does not look back more...
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2 Answers | Asked in Employment Law for Florida on
Q: Is there any action one can take against a boss putting employees in unnecessary danger?

If a boss comes into work and multiple of his family members including his wife have tested positive for COVID-19 and have told him he needs to quarantine but he comes in anyway and takes his mask off, is that creating a risky work environment? Is there any sort of legal action one could take... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Oct 2, 2020

The best action you can take it to quit. If you have in fact contracted the disease, the legal action you could take would depend upon how you got it. If it was in fact a result of being infected at work, the exclusive remedy of a worker's compensation claim would apply; if you did not get... View More

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1 Answer | Asked in Civil Litigation and Contracts for Florida on
Q: Do I have a case if I had to cancel my wedding contract location due to Covid-19 mandates and the owner will not refund

wedding location in safety harbor, florida was booked before covid-19. Contract states no refunds, but due to the pandemic and rules over 10 guest are not allowed in a vacation rental in pinellas county...... I was told I could use the credit within a year of scheduled event that would have taken... View More

Giselle Ayala Mateus
Giselle Ayala Mateus
answered on Sep 25, 2020

The answer to this questions depends on what you want to do. On the one hand, if the contract clearly states that there would be no refunds in any circumstance, probably you cannot ask for a refund. However, if there is a force majeure clause or a similar clause making exception you could be able... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Is my landlord responsible for lawn maintenance and repairs?

I have been in the home 8 years and have been paying $85 a month for lawn maintenance and as well have paid for many repairs as Ac and screen enclosure damaged due to past hurricane and the landlord was well aware of it and told me a few times his Repair man will be free to do repairs up to two... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Sep 24, 2020

Unless your lease requires him to provide AC, he is not required to fix your AC when it goes out. You have no right to fix things on your own without his written permission and then expect to be reimbursed. Same thing with the lawn. If the lease requires you to maintain the lawn, you have no reason... View More

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1 Answer | Asked in Child Support and Family Law for Florida on
Q: My ex-wife was recently laid off due to COVID. Will this affect what I pay in child support?

No motion has been filed to make modifications to current child support. I just want to know what might potentially happen.

Rand Scott Lieber
Rand Scott Lieber pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 17, 2020

No modification can be effective before a motion is filed with the court. Generally, a wage earner is expected to continue to earn at the same level as they have historically, even if they lose their job. If you are the payor and her income decreases it could actually mean that you pay less, not... View More

2 Answers | Asked in Bankruptcy, Consumer Law and Small Claims for Florida on
Q: bank account garnish in small claim court in Polk county, where I live years ago.

when I found out my money was frozen that was giving to me, I did not know what to do. I did not know my rights. so, my husband file a emergency bankruptcy to get a stay. Not knowing I would have a right to ask for a claim of exemption and request for hearing in the court. We didn't file the... View More

Victoria Morales
Victoria Morales
answered on Sep 16, 2020

Once a bankruptcy case is dismissed, the Bankruptcy Court will not look any further into it, there is no case.

You do not specify under which classification you are entitled to an exemption of claim. If you are able to bring the evidence that proves your entitlement, then the Judge is...
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1 Answer | Asked in Foreclosure for Florida on
Q: Florida-Does foreclosure moratorium allow lender to sell the property and the new owners can file "unlawful detainer"

Certificate of title was (not served but) issued 3/2020, Bank did not do writ of possession and listed house for auction 4/15 (after moratorium executive order). We were never notified until receipt of unlawful detainer 8/19 that the house belongs to new owners. New owner is seeking possession and... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 25, 2020

If the property was auctioned before the executive order was issued in March, there would have been a certificate of sale issued giving you ten (10) days to redeem the property. If you do not redeem the property by paying the judgment, then a certificate of title is issued. The timing of these... View More

2 Answers | Asked in Landlord - Tenant for Florida on
Q: Hi I just received a letter from the court Residential eviction summons dated August 20 the today is the Aug 21 they

They said I have 5 days to respond before being evicted on on reason why I should stay .

I was effected by covid lost my job and sent home what steps should I take ?

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 21, 2020

Unfortunately, the temporary anti-eviction protections given to residential tenants in the CARES Act have expired, leaving tenants such as yourself without any protection from eviction. So you have four more days in which to file your answer to the notice, after which time (but not immediately)... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: My business was affected by Covid 19 so I moved out of my office on 6/30. Landlord says I still owe rent until he can

find another tennant. I have not been paying and am concerned. What are my options?

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 19, 2020

Covid doesn't give you an excuse for not paying. Suppose you lost business for any other reason - you'd be in the exact same position. You owe rent until your lease is expired or (if you have vacated the space and returned possession to the landlord) he finds a new tenant.

If you...
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2 Answers | Asked in Criminal Law for Florida on
Q: If I was served a warrant for an alleged crime out of county aren’t I entitled to a police report or probable cause

I was charged with a fleeing and eluding charge and driving without a license from out of my county. I believe this happened when my vehicle was stolen as I would remember if I ran from police. I was picked up on the warrant and was never given copy of the police report , or given any kind of... View More

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Aug 18, 2020

You are asserting your innocence. The innocent and falsely accused need an attorney more than those who might have some degree of involvement. You start the process by retaining a specialist criminal defense attorney who will document and structure your defense; and also make sure no court dates... View More

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2 Answers | Asked in Landlord - Tenant for Florida on
Q: Can a tenant refuse to move out due to pandemic once I sell the house and our agreement has expired?

An oral agreement was made after written lease was up . Oral agreement is until end of Oct but She says She wont look for a new house because of the pandemic She pays rent on time every month.

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Aug 15, 2020

Whatever oral agreement you had with the tenant is not enforceable--because everything dealing with land and real property must be in writing and signed by both parties.

Having said that, before you attempt to convince this tenant that she must move out (whenever) IMO you would do well to...
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2 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Are cash real estate contracts void if not completed by date agreed to originally?

We four sisters were left our mothers home13 years ago in Florida. I paid bills on it for 8 years and refused to continue because one sister would not agree to sell. The house will go to auction for taxes unless sold . We have a buyer for cash and we’re supposed to close in April. All sisters... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 14, 2020

This is not a question that can be answered in an online forum. You need a real estate attorney to review the agreement. If you have breached the agreement the buyer may have recourse against you. Buying and selling real estate without an attorney may save money now, but will cost quite a bit... View More

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1 Answer | Asked in Family Law and Child Custody for Florida on
Q: My ex is threatening to get my daughter taken from me because I allowed him to see her after courts said not to.

In 2012 my daughter was taken into foster care because my ex was abusive to me. They said if I can't protect myself I can't protect her. I was eventually reunified after doing victim's classes, parenting classes ect. He did nothing, so was never reunified. He went to prison shortly... View More

B. Elaine Jones
B. Elaine Jones
answered on Aug 10, 2020

Your ex is most likely taking you to court in the family law division. The Court that entered the Order reuniting you and your daughter and denying your ex contact with you daughter was the dependency court. That case is most likely closed at this point. While it was not a good idea for you to... View More

3 Answers | Asked in Real Estate Law and Landlord - Tenant for Florida on
Q: Is the eviction memorandum extended un Fl
Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 10, 2020

The executive order signed by Governor DeSantis is subject to a lot of controversy and legal interpretation. The latest order puts a moratorium on evictions of those affected by COVID-19 with no definition of what qualifies as "affected." Landlords have started filing evictions and it... View More

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1 Answer | Asked in Landlord - Tenant for Florida on
Q: In pinellas county Florida can a landlord evict me in 3 days with a pandemic?

Called the management team in the office said they would work with me and then gave them $ 200 said I would have until 8/19 they lied put a 3 day notice on my door

Barry W. Kaufman
Barry W. Kaufman
answered on Aug 7, 2020

They cannot evict you in 3 days. Read the notice. However, if you don't pay the rent in full by the end of the 3 days they can file a complaint for eviction subject to the governor's executive order governing eviction actions during the pandemic. It doesn't matter what anyone told... View More

2 Answers | Asked in Criminal Law for Florida on
Q: my question is regarding right to a speedy trial. I haven't as much as been to a pre-trial. arrest in Dec.

arrested in dec.2019 and haven't been to a first court appearance and i feel 6 months is plenty of time

Henry George Ferro
Henry George Ferro
answered on Aug 7, 2020

As you may have heard, the nation and its judicial system has been struck by a pandemic that seems to be paralyzing the judicial system. There have been no jury trials for some time and until the justices of the supreme court of Florida or the Supreme Court of the United States says... View More

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1 Answer | Asked in Real Estate Law for Florida on
Q: I leased a condo from an owner and have lived there for a year a 6 months, always paid my rent on time. However..

I went to visit my son, daughter in law and Granddaughter in Metairie La in June. I informed the owner that I was going out of town. I returned to my condo in early July with my son who was going to visit with me for a few days. I opened up the door and found 2-3 inches of raw sewage throughout my... View More

Seril L Grossfeld
Seril L Grossfeld
answered on Aug 4, 2020

This is a perfect example of why renters need to have rental insurance. Due to the health hazard caused by the raw sewage leak all or most of your property most likely needed to be disposed of. What was valuable should have been removed, if possible when you were there. You should have been... View More

2 Answers | Asked in Real Estate Law and Civil Rights for Florida on
Q: can a condo association ban a person from own unit for not wearing a mask
Barbara Billiot Stage
Barbara Billiot Stage
answered on Aug 4, 2020

It's depends on what you mean by "banning." The Condominium Act gives broad sweeping powers to the Board of Directors of a condominium association (COA) during a state of emergency. Those powers include the discretion to do what is necessary to protect the life, safety and health... View More

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