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Brian Mitchell Rowland's Answers
- 66 Legal Answers
- 0 Legal Guides
2
Attorney answers:
Can the tenants withhold rent? What do I need to do to evict them?
Based strictly on the facts you gave above, the mere recording of a Lis Pindens should not mean they have a right to withhold rent. Granted, if there is a foreclosure, their rights can be cut off and they'd be forced to leave. But so long as you are providing them possession of the premises and all else remains the same (condition of the premises, etc), then the mere filing of the LP should not inhere rights to them. Consider this: because you have certain rights of redemption, even in...
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3
Attorney answers:
Can your condo association fine you with no proof or evidence, even when you have requested it?
There are limits in Florida condominium law as to how much a fine can be and how it is to be levied. Fines must also be permitted by your governing documents. F.S. 718.303(3) addresses this: (3) If the declaration or bylaws so provide, the association may levy reasonable fines against a unit for the failure of the owner of the unit, or its occupant, licensee, or invitee, to comply with any provision of the declaration, the association bylaws, or reasonable rules of the association. No...
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5
Attorney answers:
My wife and I need to have our last will and testaments created, along with living wills.
There are so many variables in creating Will and related testamentary documents such as Living Wills, HealthCare Surrogacy, Power of Attorney, etc. There is simply no way I can imagine that an interactive webs site can "know" your personal needs and answer your questions like having a local attorney you can reach out to. There is no way a website can discuss with you the reasons such documents are recommended or necessary. Our lives are simply too complex and varied. An appropriate...
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4
Attorney answers:
I found a screw in my sons pizza it was baked in what should i do
WIthout damages you have no case. While I see where others here instruct you to "raise hell", I would recommend you calmly and politely go to the pizza restaurant and tell them so they can find out why it happened, prevent it from happening again and hopefully prevent a serious injury. If you're lucky (and they're smart) they'll give you a few gift certificates and thank you - but in either case, you'll have the satisfaction of knowing you helped prevent this from happening to someone...
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1
Attorney answers:
Can I sue or are there any remedy choices? I bought a new mobile home. I ordered to be handicap accessable for my wife & it did'
This really depends on a couple of basic questions: (1) did you specifically order the handicapped-accessible modifications in writing or at least verbally with witnesses who can reliably attest to it, and (2) when the mobile home arrived, did you inspect and sign off on it stating it is satisfactory and to the correct specifications? If the answer to (1) is "yes" and the answer to (2) is "no" - your case is strengthened. Do you have a case without those questions answered yes/no? ... It...
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3
Attorney answers:
I was lied to about my beneficial interest in an estate
Unless the duly executed documents for the estate (e.g. the Will or a Trust) provide for you to receive more, you're probably in no position to exercise any rights. Unfortunately, verbal promises or statements simply don't have any power to be effective testamentary gifts - such gifts have to be made either before death or after death pursuant to duly executed documents. If you have writings that may supersede a will or which you believe are disposative of the matter, you should see an...
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1
Attorney answers:
Questions: 1) Is the Management Company responsible for the $900 water bill.2) Are they responsible to fix the to fix the toilet
If the property management company does not have a contract directly with you, this may not be a breach of contract issue, but the negligence of the workers could give rise to liability. Before the facts grow stale you should contact an attorney to make a demand for payment of the damages (the difference in a typical water bill and the amount of the increases, and the repair to the toilet). A properly crafted letter asserting contract (if applicable) and/or negligence claims should elicit...
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1
Attorney answers:
Can my 4 year old be a witness to a civil suit against her father for a $15,000. credit line. Plaintifs attorney is saying he is
I am not a trial attorney but I believe the answer is Yes. Age would merely affect credibility. If it is traumatic for your child to testify, or if the judge does not want to subject your child to the drama of being in a courtroom, they may figure out a less confrontational way to get her testimony. It seems like an odd request and your attorney will probably want to object to it. If your daughter has nothing to provide evidence-wise, then it might be merely a scheme by the plaintiff to...
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2
Attorney answers:
Need help with a minor dispute with my attorney regarding payment.
As a follow up ... in your demand for written confirmation of the write off, give them a deadline, about 10 - 15 days to deliver a response to you - don't make it an open ended request.
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2
Attorney answers:
Need help with a minor dispute with my attorney regarding payment.
This is not legal advice, just practical advice ... I think a good first start is to have a letter written and sent certified/return receipt that summarizes the situation (honestly and without emotion) and demands they not only stop contacting you, but that they also write you a confirmation that the bill is written off. In that letter, after clearly explaining the situation (including the mixed messages regarding write-offs), I think you can fairly tell them that if they do not provide the...
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