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Aaron Behar Thalwitzer

Aaron Thalwitzer’s Answers

9 total

  • Need advice with a Promissary Note.

    Over a year ago, I couldn't pay my ex-boyfriend rent and he made me sign a Promissary Note on scratch paper tltled Promissary Note for my bedroom set in lieu of back rent. He locked the note in his safe. I moved out due to domestic violence the da...

    Aaron’s 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.

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

    We ask them to leave, but they didn’t want, we placed an eviction process, but they challenged; the court send us a conciliation which says that the reunion will be in 60 days and so on, and if the mediation does not turn in a settlement there wil...

    Aaron’s Answer

    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 should consult an experienced real estate litigation attorney.

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

    What can I do and what does this mean for me?

    Aaron’s 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.

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

    How do I challenge this lien?

    Aaron’s 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.

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  • How to remove tenant from property under forclosure

    I have a condo in Florida but the roomate who was living with me does not want to leave the premises and does not want to paid me anything.She said only the bank can get her out. Can I send her an eviction letter since I am stilling showing as the...

    Aaron’s Answer

    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.

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  • 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

    This is part of a contract/lease agreement and I was wondering if someone could explain it to me

    Aaron’s 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 used. A "natural breakpoint" is the amount of gross sales that, when multiplied by the applicable percentage, equals the amount of annual fixed rent [natural breakpoint x _____% = annual fixed rent]. Stated another way, it is determined by dividing annual fixed rent by the applicable percentage [natural breakpoint = annual fixed rent ÷ ____%].

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

    Promissory note was executed in FL. Borrow lives in FL entire time. In the agreement, it states OH Law will "govern this agreement." FL SOL on promissory note = 5 years. OH = 15 years. This is a huge difference. From my research on the governin...

    Aaron’s 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.

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

    I live in florida and work for a spray company and am currently trying to seek employment with a different company for better wages and room for growth. florida is a right to work state and i would only be working there for better benefits wages e...

    Aaron’s Answer

    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.

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

    I paid $11K for new system and ductwork over the last year. $6500 last year for new system. I called to get my yearly maintence done and was told they went out of business. They said I need new ductwork. I got it done because he said my health and...

    Aaron’s 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.

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