Florida Recent Legal Answers from Lawyers

This question ended up in the construction law category and has been moved to property insurance in hopes of getting you better reponses.  Based on these facts you probably need to consult with a first party property insurance attorney to review whatever your insurance has offered as well as condo association law counsel to review the issues and potential remedies from the assocation or its roofing company.... Read Answer

There is no practical remedy that will cost less than $60.00 to resolve this issue. Your best remedy is to pay the $60.00 "under protest" if you must and secure the satisfaction of the lien and presumably a clear title. You can then spend the money to sue for return of the $60.00 if its that important tofight over. ... Read Answer

Your post is confusing as on one hand you complain that the conditions are intolerable and the landlord refuses to make repairs and then it seems refuse to leave and want to defend an eviction which would result in your removal from the property and demand the right to stay in such conditions. Your best bet is to retain a lawyer, possibly through legal aid if eligible, to negotiate a lease termination and relocate. ... Read Answer

You will need to retain a lawyer to review the details for a proper answer. That stated, if its a general easement, you will have a diffifcult time at best trying to prevent the other property owners use of the easement for access as they see fit. Its not a utility easement for power lines - you are describing denying access for vehicles temporarily accessing the other owners property, which typically is the very purpose of such an easement. ... Read Answer

This is an issue between you and your fiance to work out. Otherwise, trying to sue the future mother inlaw for removal from the apartment is likely to result in an EX-fiance and a lot of drama. That said, you need to review your lease with the fiance as most of them prohibit allowing others not on the lease to move in for any length of time and it creates a clear risk that the LL may sue all of you for eviction. ... Read Answer

If it happened while at the restaurant and you reported it immediately, there is certainly a claim to be made, though litigation may or may not be appropriate, depending on the details. If this was claimed to be found with take out, you can try to make a claim, but in many instances they are sumarily denied unless you can prove the roach came from there. You can always call the health department and if thier inspection reveals roach issues, that might help your claim. ... Read Answer

You will need to retain a lawyer to intervene on this. You can try to sue for removal but the problem is the sister has equal right to you so thats not likely to be productive. You will either need to sue the sister for damages in the form of your share of market value rent or file an action for partition of the property. ... Read Answer

What you are asking is a very high risk, low yield,  and exceptionally expensive legal issue, with mandamus or prohibition both being EXCEPTIONAL writs, not to mention that most legal precedent will be adverse to prohibiting the courts from hearing a lawful action because a defendant feels the case is unwarranted. That said, you also don't want to post comments in public if you are actively involved in a legal proceeding. Your best bet is to use Google to identify a number of lawyers that you think might be interested in the case and contact them directly to inquire about the details. Be prepared to pay a substantial retainer for such a case as a general rule. ... Read Answer

It all depends on the details and the LL position. This governed by Fla. Stat. 83.53. The bigger issue is what are the damage and whether its worth the expense to hire a tenant lawyer to intervene. As a general rule, when you borrow a property from an owner under a rental agreement, there will be multiple people that have access to your unit via a master or held key. One remedy is to install internal security cameras that would document any improper intrusion. ... Read Answer

Not likely but this revolves around the terms of the rental agreement. That said, the property owner would typically be the one to raise issue with them not retrieving it. The property owner would be wise to retain a lawyer to try to leverage a pick up of the item under threat of  asserting storage charges and potential sale of the shed. ... Read Answer

Was the person committing the slander acting in the course and scope of his employment when the defamation occurred or was this just an individual acting on his own? Reason is that if it's just a person acting in his individual capacity then it's highly unlikely that any policy of liability insurance will cover this. Homeowners insurance policies rarely cover these types of torts unless the homeowner purchases a policy rider. In contrast, business liability insurance policies almost always covers defamatory statements made by their employees. If there's no insurance to go after, you can always still sue the speaker but it will be very difficult to get a lawyer interested in your case. Discuss with counsel here in Florida for more specific advice. ... Read Answer

Not every financial decision requires a board meeting. The necessity for a board meeting to approve financial decisions depends on the company's governance structure, the significance of the decision, and the specific bylaws or operating agreements governing the organization. While significant financial decisions generally require board approval, day-to-day financial management is often delegated to executive officers within pre-approved limits. The specific requirements depend on the company’s governance documents and applicable laws. Boards typically reserve their involvement for strategic, high-impact financial decisions, ensuring that the company's overall direction and financial health are closely monitored... Read Answer

Unfortunately, as with many issues relating to construction, many of the rights, responsbililites, and remedies of the parties are derived from the terms and conditions of the writtem construction contract and manufacturer's warranty, which no attorney responding to questions on this Q&A site can read.  Most such contracts have specific provisions of where and how notice of claims is to be made and these are almost always in writing by a specified method of delivery to specific invidiuals or departments.  As a practical matter, you can carefully review the construction agreement and the warranty on the tile and make your claims formally via the specified method to both of them and include in the written notice the history of the previous attempts you have made to resolve the issue.  You may have to do some hunting on the manufacturer's website to find its warranty information if the roofing contractor has not provided you with this information.  It is always possible that making the formal demand may get a more positive response.  As with most issues relating to construction defects and disputes, it is almost always the prudent step to at least consult with experienced construction counsel in your area as this area of law is complex and compliance with presuit defect notice process under Chapter 558 of the Florida statutes would likely be required before litigation or arbitration can be filed. ... Read Answer

The facts presented here certainly indicate the homeowner should have serious concerns about the future performance of this contract.  Having already provided over $100,000 to the contractor, having zero work performed, and being told the contactor cannot perform due to lack of "financial backing" are facts which suggest things are likely to go very wrong indeed.  Unfortunately, this situation, as with most construction related disputes, requires a review of the actual construction contract as the terms and conditions thereof will provide a guide to many of the rights and remedies between the parties as well as applicable notice provisions.  There are likely a number of statutory provisions regarding the regulation of the contracting trade that may apply, but again, in construction disputes, these require a review of the very specific facts to provide any proper analysis. This situation merits consultation with experienced construction counsel in your local area without further delay.  Wishing you the best of luck.... Read Answer

Dear questioner, Unfortunately, this question ended up in the "construction law" category  (by what mystery of the algorithm I cannot say), which means it is unlikely to get answers from knowledgable family law attorneys.  Lawyers.com does allow responding attorneys (we are all volunteers) to update the category, and I have moved it to "divorce" in hopes of getting you better responses. Best of luck.... Read Answer