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Brian Mitchell Rowland

Brian Rowland’s Answers

70 total


  • Is it legal for a landlord to enter a residence with a minor child home alone?

    It is time for the home owners insurance renewal and the landlord( a rental company) called and scheduled a time between 11 a.m. and noon. I knew my 12 year old was home sick this day so I made sure there was an adult in the home from 10:45-1:45. ...

    Brian’s Answer

    Per se, this is not illegal. It could be a violation of lease terms, but that completely depends upon the lease terms concerning notice and entry of the premises for non-emergency inspection. I'd say it was quite foolish for the landlord to enter with only a child in the premises since there was no bona fide emergency.

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  • I rented off craigslist

    I rented an apartment off craigslist in jacksonville florida from.a guy but what i found out was that american reality is.the owner he has no affiliation with.them i have moved in the apartment me and my kids and the apartments are under forclosur...

    Brian’s Answer

    My initial reaction is that IF you were induced into a lease by fraud you probably have no liability. Seek an attorney's advice. My instinct (not legal advice) is to keep all your documents, write down (in your handwriting) everything you remember about the transaction (who, what, when, where) and date the written notes. As practical advice, I would go ahead and look for somewhere else to live but I would not leave until I got a release from the fraudster and the actual property owner. Be careful and please speak to an attorney face to face and do not take any of my thoughts as advice unless an attorney that you hire agrees.

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  • I purchased my homes during my second marriage with my deceased husbands money that I inherited from his death.

    Do I need to share the money when I sell it and give him half according to Florida law? I have all the paper trail.

    Brian’s Answer

    I assume you are asking whether you have to share money with your second husband because you purchased the home with funds inherited form your first husband. I'll respond on that basis.

    First, inherited money and property bought from it can be deemed non-marital property in the second marriage, but you will need to consult a family lawyer about that and I do hope you have a good paper trail. A lot of factors could come in to the picture, including whether your second spouse has expended funds on the house or otherwise obtained what is called a "special equity" in it. Another issue is that your second husband, even though he is not on the deed (I am assuming you never put him on the deed), so long as he lives in the residence, has the right to consent to a sale. This is a protection of Florida's Constitution under Article X, Section 4(c).

    You should consult a family lawyer about special equities and fully disclose all expenditures your second spouse may have made, if any. Then, you'll need to have the second spouse to sign the deed with you if/when you sell (unless you were to divorce first and get the second spouse out).

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  • Are forms from US legal Forms Inc.(Florida Last Will & Testament Pkg. )Good to use and legal?

    I'm a care provider and my employer is looking to make her wil.She's 83 and can not travel to a lawyer.

    Brian’s Answer

    I agree, many lawyers will travel to hospitals, nursing homes, personal residences, etc., to assist. While form documents may suffice, there are particulars that should be discussed with the client and there can be serious negative ramifications if execution of the documents is faulty.

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  • My wife and I need to have our last will and testaments created, along with living wills.

    At the same time, I need to have my mothers documents updated and have the current power of attorney validated and updated if needed. Are these things best addressed by a personal lawyer instead of an online service such as legal zoom? I want t...

    Brian’s Answer

    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 discussion about your desires, the desired effect of your documents, exclusion of specific persons, step-children, guardianships for minor children, specific gifts, safe storage of your final documents, whether to have a Power of Attorney between spouses, whether a trust is recommended, etc. etc. etc. As just one example, for the ladies ... in your living will would you want the machine turned off if it were discovered you were pregnant and could be kept alive until the baby can be born? These kinds of questions abound, and with documents like these, when it matters most (death, illness, terminal condition, etc.) you're not in a position to make changes or corrections.

    There's probably a reason LegalZoom.com is the registrant of the Internet domain name "LegalDoom.com" - and I'm thinking it is to prevent a critical website from popping up and using such a similar and sometimes appropriate name!

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  • 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'

    I bought a brand new mobile home. I ordered to be handicap accessable for my wife & it did't come with the specified handicap accessable needs. (36" doors exterior interior, showers , etc..) I even paid it in cash full. also there are numerous pro...

    Brian’s Answer

    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 really depends on what you ordered, what they delivered, and whether you accepted it and thereby waived any rights.

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  • Can I be evicted or charged more money I have no heat and utilities are included but he is asking for more money

    My apartment is utilities included up to $150. My land lord is saying the Electric bill is $400 but he is running 2 apartments off of the same electric meter. I only have a laptop and a lamp that I use. I also have a tiny space heater he provided ...

    Brian’s Answer

    If the landlord asks you to leave, you do not have to go. Under a residential lease, there are only three ways (under Florida law) that a landlord can regain possession of the premises: (1) by your abandonment; (2) by your voluntary relinquishment of possession to the landlord; or (3) by the judicial eviction process.

    Typically, you do not have to leave when the landlord verbally demands that you do. They must provide specific notice required by statute and then commence the eviction process. Understand that if you lose in that process, you may be subject to landlord's attorneys' fees and whatever other rent the landlord can prove is due.

    You should have an attorney assist you in any event if you and the landlord cannot work out the amount due for the utility bill.

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  • I have co-signed a car purchase for someone that can no longer make payments. What can I do to not ruin my credit?

    Can I force them to sell the car, since my name is first on the title or can I physically take the car from them before it is re-possed by the car dealership?

    Brian’s Answer

    I agree with Mr. Deason, but I would make a heck of an effort to get the owner to hand over title to the car. Perhaps you could offer to then sell the car back to the owner and keep a lien on the title as a private lender. My argument would be "you're going to lose the car anyway ... give it to me and I'll pay it off ... I might even sell it back to you on better terms".

    If you go this route, you should have an attorney do a simple agreement and handle the title and lien issues unless you are absolutely certain of what you are doing.

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  • I found a screw in my sons pizza it was baked in what should i do

    i went to a pizza place to night and bought my 5 year old son a cheese pizza when i opened the box i saw something shinny in it i looked closer at it and i saw it was a screw baked in the the cheese what should i do

    Brian’s Answer

    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 else (while being grateful your own child was not harmed)

    My wife bit into a biscuit at Cracker Barrel and there was a screw in it. Filing a suit did not cross my mind, and the manager was quite grateful to know about the problem so he could have the mixing equipment inspected..

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