Aaron Behar Thalwitzer’s Answers

Aaron Behar Thalwitzer

Melbourne Construction / Development Lawyer.

Contributor Level 4
  1. How to remove tenant from property under forclosure

    Answered about 2 years ago.

    1. Aaron Behar Thalwitzer
    2. Kemie King
    2 lawyer answers

    Until a Certificate of Title is issued (or you lose or transfer title some other way), you are the owner and can remove your roommate. The foreclosure lawsuit does not change your ownership interest, though a judgment may. Although more facts are needed, you may not be evicting your roommate, but rather "ejecting" her. Needless to say, it involves filing a lawsuit. For that you should contact an experienced real estate litigation attorney.

    5 lawyers agreed with this answer

  2. Will I be ok even though i signed a non compete agreement?

    Answered about 2 years ago.

    1. Aaron Behar Thalwitzer
    2. Bonita M. Riggens
    3. Robert Jonathan Lee
    4. Darrel S Jackson
    4 lawyer answers

    Generally, noncompete agreements are enforceable in Florida, subject to limits in terms of time, scope, and geographic area. Of course, without reviewing the contract, it's impossible to know whether your contract is enforceable.

    3 lawyers agreed with this answer

  3. What can we do to accelerate a challenged eviction? Broward Florida

    Answered about 2 years ago.

    1. Aaron Behar Thalwitzer
    2. Sergio Cabanas
    3. Carol Lynne Zimmerly
    3 lawyer answers

    I am assuming you filed a lawsuit for eviction. Under Florida law, you are entitled to an expedited process it they aren't paying rent, though (to be candid) judges are so overworked nowadays that getting a hearing on the "expedited calendar" takes some doing, and, for better or worse, having an attorney can help secure a sooner hearing date. If your tenant hasn't paid rent to you or the Court Registry, the process shouldn't take more than a few weeks for a good lawyer. Needless to say, you...

    2 lawyers agreed with this answer

  4. Need advice with a Promissary Note.

    Answered about 2 years ago.

    1. Aaron Behar Thalwitzer
    1 lawyer answer

    A promissory note is valid regardless of the type or quality of pen and paper used, but if your ex-boyfriend forced you to sign the Note, you may have been legally under "duress" such that the contract should not be enforced. His subsequent conduct may or may not be admissible, but if he threatened you physically when you made the Note, I think you have a viable duress defense. Needless to say, you should consult an experienced contract litigation attorney.

    1 lawyer agreed with this answer

  5. What does:For the first year the percentage rent should be 5% over a natural breakpoint of $588,800.00 in years 1-3 mean to me

    Answered about 2 years ago.

    1. Aaron Behar Thalwitzer
    1 lawyer answer

    In a lease with a percentage rent provision, the landlord will receive a minimum amount of rent (called the annual fixed rent or annual minimum rent) and, in the event the tenant's gross sales increase over a certain amount (sometimes called the "breakpoint"), the landlord will also receive a certain percentage of the gross sales over the breakpoint. If the parties intend that the landlord should receive a certain percentage of the tenant's total gross sales, then a "natural breakpoint" will be...

    1 person marked this answer as helpful

  6. Promissory Note Question - Florida - Choice Of Law - Which One Applies?

    Answered about 2 years ago.

    1. Aaron Behar Thalwitzer
    1 lawyer answer

    I think it is likely a court would enforce the Ohio statute of limitations. The countervailing public policy must be sufficiently important that it outweighs the policy protecting freedom of contract. Further, When determining which law applies to contracts, Florida adheres to lex loci contractus rule, so that contract, if silent on the governing lawis governed by law of place where contract was executed.

  7. I Got ripped off by an AC company what kind of attorney do I need in Florida?

    Answered about 2 years ago.

    1. Aaron Behar Thalwitzer
    1 lawyer answer

    I would hire a civil litigator, preferably someone with experience dealing with contractors and business law. I know you already wrote a demand letter, but sometimes an attorney's letterhead makes all the difference. Other times, you simply need to file a lawsuit to get things moving. If this doesn't answer your question, feel free to visit my website for more information: www.legalteamusa.com.

  8. I won a bid on a forclosed home at a court auction in Florida. The defendant has filed a motion to vacate.

    Answered about 2 years ago.

    1. Aaron Behar Thalwitzer
    1 lawyer answer

    More facts are needed for a useful response. However, if the former homeowner filed a motion to vacate the sale and the judgment, you may file a response to the Motion to Vacate since you now have an interest in the property. If you do not, you are essentially relying on the lender and/or judge to protect your interests -- not an enviable position. Needless to say, you should consult an experienced real estate litigation attorney.

    1 person marked this answer as helpful

  9. I have a property in Florida. Someone has falsely and without merritt , file a lien against it. How do I get it removed?

    Answered about 2 years ago.

    1. Aaron Behar Thalwitzer
    1 lawyer answer

    If the lien is truly false and without merit, a lawsuit for slander of title and/or to quiet title will be required. These cases are highly technical. Needless to say, you should consult an experienced real estate litigation attorney.