Skip to main content
Alex Paul Rosenthal
Avvo
Pro

Alex Rosenthal’s Answers

3 total

  • How do I sue my landlord/management office?

    I moved out but I didn't get my deposit. The manager sent me a text saying my deposit was processing. It's been 2 months and now he doesn't even answer the phone. I've called and texted many times but he keeps ignoring me. I didn't break the lease...

    Alex’s Answer

    • Selected as best answer

    In a residential context, the failure of the landlord tor return the security deposit or otherwise make a timely claim to the money renders any late claim invalid. The landlord is required to return the deposit. If you were to retain an attorney to seek the deposit in court, the landlord would e responsible for your attorneys' fees. If you decide to proceed on your own without an attorney, you can do so. If the amount if less than $5,000, you can file the claim in small claims court. The difficulty you mentioned in locating the landlord is something that requires a little investigation. You can search the property appraiser's office to identify the legal owner of the property. If the property is owned by a corporation, the officers and registered agent can be located at www.sunbiz.org. Once you identify the owner, you can fill out the small claims forms and identify the owner and address. The Sheriff will serve it.

    See question 
  • Employment Contract

    I have a 1 year contract with my employer and they used the word "Shall Pay $XXXX guaranteed commision/month they sent me a email saying I would not get commission this month and I said they had to. Then they responded we do not, we used the word ...

    Alex’s Answer

    There is no genuine argument that can be made as to the meaning of the term "shall." If the contract has the terms you indicate, the employer's position appears to be incorrect. However, contract interpretation requires consideration of all terms which must be read together to give full meaning to the entire agreement. I would suggest you have the entire agreement reviewed by an attorney.

    See question 
  • Can Verbal agreements about bills be admisible in court

    sublet apartment

    Alex’s Answer

    A verbal agreement can be enforceable provided it is not an agreement that is governed by the Statute of Frauds. Examples of agreements that must be in writing include:
    1. Agreement to pay debts of a third party; 2. Any agreement made in consideration of marriage; 3. Contracts for sale of real property or an interest in real property; 4. Any lease for real property longer than one year; 5. Any agreement parties do not contemplate will be completed within one year from date of the contract; and 6. Any guarantee, warranty, or assurance of results of any medical, surgical or diagnostic procedure.

    Other statutes also require agreements to be in writing for the following: 1. premarital agreements, 2. agreements to make a will and agreements concerning rights of a spouse in the estate of the other spouse and 3. contracts for the sale of goods for $500.00 or more are also to be in writing.

    Since your question does not specify the nature of the agreement for the payment of bills, more information would be needed to adequately answer the questions

    See question