Florida Breach Of Contract Legal Questions

It all comes down to the lease itself.  If you are quoting the early termination provision, it seems to be a little ambiguous.  On the one side, it sounds like you only get the early termination liquidated damages of $1,300; however, you can read it another way that you also get rent for the month in which you take possession.  Here’s the problem – on the legal side, ambiguity in the contract is interpreted against the party which drafted the contract.  Therefore, I'm hesitant to say you're going to be able to get the extra month.  However, let me be very clear that in order to really know the answer to this, you should have an attorney review it in its entirety.  Finally, to lower future headaches, don’t ever use a contract that you are not 100% sure what it says.  This advice even extends to contracts an attorney may draft for you… have the attorney explain it to you.  Or, if you’re using a 3rd party contract/lease agreement, have it reviewed by an attorney.  The cost is minimal to the value.... Read More

Its a busines lease, so you will have to the do the business like thing and hire an attorney, unfortunately at an hourly rate/retainer to get you proper legal advice on what to do. In the mean time DO NOT just withold the rent, as you could create the very problem you want to avoid unless you know you're in the right. ... Read More

Ordinarily, where the man gives an engagement ring but the woman breaks off the engagement, the man can sue to recover the ring. In your case, however, you claim your fiance broke off the engagement and had promised you before this that the ring was yours "no matter what." In this case, an issue of fact is created as to whether the ring was a "gift." If he sues you to recover the ring I would hire an attorney in your area to represent you.... Read More

Sounds like you’ve got a breach of contract on your hands.  However, you can’t just go putting liens on property.  You’ll need to sue (unless the contract specifies arbitration or a mediation first) in county court.  Of course, I don’t have all of the facts so I can’t say with any confidence the strength of your case.  That said, the contract is the key here.  I would say it is time to sit down with a business litigation attorney to review the contracts and discuss all of the facts.  With that, the attorney will be able to give you a better idea of the nature and strength of a potential suit as well as the process and potential costs.  Also, you mention that the contract specifies that in a default (breach), the business (or the personal guarantor) is obligated to pay legal fees.  This means that if you are successful in obtaining a judgment, the Court will award you legal fees in addition to the $10,000.  From there, you will have to take the necessary steps to turn the judgment into payment.... Read More