Andrew F. Garofalo's Answers

Is it legal to go to a sports event dressed up as a mascot and have and ad printed on the suit?

When you buy a ticket to a sporting event you are buying a license to be on the owner's private property in accordance with whatever rules and regulations they have in place. I would bet that the owner of the venue prohibits certain dress which they deem inappropriate. Dressing as a mascot for free advertising or not wearing a shirt and shoes etc. are probably prohibited by the owner of the venue. Read the back of the ticket to the event. Even if it is not specific on this issue I am sure...

5 lawyers agreed with this answer

A kitchen contractor took a deposit $6800 from my son for a kitchen and never delivered anything. He was charged grand theft

Florida Statutes, 772.11 provides a remedy for civil theft. If you can find him, you might be able to sue him and obtain a judgment, but collecting is another story (as you probably already know). His pattern of conduct seems to show criminal / fraudulent intent and I believe that the statutes would deem his behavior (performing work without a license) criminal. If he is licensed you should contact the Florida Department of Business and Professional Regulation. You can try to get the attention...

Selected as best answer

Structuring real estate property holdings (FL)

I agree with Mr. Deason. You will also want to obtain advice from your accountant and you should consider creating separate LLCs or land trusts for each property for liability purposes.

2 lawyers agreed with this answer

The house my son lives in has his name and my name on the deed. Can I go in that house and on that property anytime I want to?

I agree with Mr. Deason, but I also wanted to add that if you have some sort of landlord tenant relationship with your son, then you cannot enter any time you please. If there is an agreement that he would live there and pay the mortgage as "rent", or something similar to that, then you have a reasonable right to access as the landlord, but you would not be permitted to enter any time you please, just like a typical landlord tenant relationship. What is your agreement with your son?

2 lawyers agreed with this answer

Can you ask for late fees when you give a 3-day-notice?

I assume this is a residential tenancy. You cannot ask for late fees in your 3 day notice unless your lease specifically states that late fees are considered additional rent. Most residential leases do not say that, so you probably may not ask for late fees in your 3 day notice. You would have to review your lease to be sure. It is not a good idea to accept any rent if you intend to evict the tenant for non payment of rent. See Florida Statutes, Section 83.56(5) which provides in part:...

1 lawyer agreed with this answer

1 person marked this answer as helpful

On a Florida FAR/BAR AS IS can Buyer wait 3 weeks after loan contingency expires to cancel contract and get deposit refund?

The contract requires the buyer to use diligent effort and good faith to obtain a loan commitment. Intentional or careless delays would breach this provision. Standard F of the contract says time is of the essence, meaning that deadlines must be strictly complied with unless somehow waived by the other party. Standard Q is an anti-waiver provision, meaning that a party does not waive their rights by not insisting on strict compliance with the contract terms. See lines 87-93 of the contract. If...

1 lawyer agreed with this answer

Can you be evicted in Florida for cockroaches?

In addition to the prior comments, you should look at your lease to determine who is responsible for paying for pest extermination service. If the landlord is in breach of the lease, you need to deliver the proper notice and allow the landlord an opportunity to cure the problem. Hire an attorney for proper legal advice. Good luck!

1 person marked this answer as helpful

As stated before our condo is in foreclosure and their is no landlord we have been paying hoa dues every month last month the ho

Hire a Board Certified Real Estate Attorney. The Florida Bar recognizes Board Certified Real Estate Attorneys as experts in their field. Many Board Certified Real Estate Attorneys have a wide range of experience with all sorts of real estate matters including HOA and landlord tenant. Note that the HOA statutes may allow associations to collect rent directly from a tenant in a foreclosure situation even though the HOA does not hold title to the real estate (FS 720.3085(8)(a)). Also note that...

1 person marked this answer as helpful

Can I charge more to a hold over tenant?

Note that once you allow or give permission to the tenant to stay, she is no longer a holdover tenant. Instead, the lease will probably convert into a month to month tenancy which imposes a new set of rights and obligations upon the landlord and tenant. Therefore, be careful about what you say and do when dealing with the tenant in this situation.

1 person marked this answer as helpful

Having issues with a mortgage company

I am not sure what your questions is. See my legal guide on mortgage modifications here http://www.avvo.com/legal-guides/ugc/do-it-yourself-home-mortgage-modification-guidelines. I have had clients argue with banks over banks' failure to record a satisfaction of mortgage on paid off loans and over banks imposing forced place insurance which throws the escrows all out of whack. You need to be persistent and keep calling them to get to the bottom of the problem. Unfortunately, many banks do...