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4 Answers | Asked in Landlord - Tenant, Arbitration / Mediation Law, Contracts and Real Estate Law for Florida on
Q: Commercial tenant in Florida faces rent and tax issues despite lease terms on escalation limits.

I am a commercial tenant currently in year 3 of a 5-year lease. The rent began at a flat $1000 a month for year 1, escalating at 4% annually. After signing the lease, I brought my landlord on as a partner, and after 2 years, I bought her back out. However, I've recently received a letter from... View More

Jacqueline Alicia Salcines
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answered on Jun 28, 2025

25% increase is outrageous and may clearly cause you to default. It does not sound like the landlord is abiding by the terms of the Contract. However, to be sure, the best way is to send the Contract to a real estate lawyer. Once we review it, we can advise if in fact there is a clause that caps... View More

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4 Answers | Asked in Landlord - Tenant, Arbitration / Mediation Law, Contracts and Real Estate Law for Florida on
Q: Commercial tenant in Florida faces rent and tax issues despite lease terms on escalation limits.

I am a commercial tenant currently in year 3 of a 5-year lease. The rent began at a flat $1000 a month for year 1, escalating at 4% annually. After signing the lease, I brought my landlord on as a partner, and after 2 years, I bought her back out. However, I've recently received a letter from... View More

Linda Liang
Linda Liang
answered on Jun 29, 2025

It seems that you have a serious problem at hand. First, you have a corporate issue. The partnership has no impact on the performance of the lease, but the payment affects the partner's equity. Secondly, you need to review the lease thoroughly to know whether the landlord has the contractual... View More

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4 Answers | Asked in Landlord - Tenant, Arbitration / Mediation Law, Contracts and Real Estate Law for Florida on
Q: Commercial tenant in Florida faces rent and tax issues despite lease terms on escalation limits.

I am a commercial tenant currently in year 3 of a 5-year lease. The rent began at a flat $1000 a month for year 1, escalating at 4% annually. After signing the lease, I brought my landlord on as a partner, and after 2 years, I bought her back out. However, I've recently received a letter from... View More

Linda Liang
Linda Liang
answered on Jun 29, 2025

The direct answer is that your argument is not necessarily in your favor but a good calculation may reduce your share and your landlord does not necessarily have the contractual right to increase your rent. Again, you should not go into the arbitration without representation.

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2 Answers | Asked in Estate Planning, Probate and Real Estate Law for Florida on
Q: Is immediate deed transfer necessary as executor/beneficiary in Florida?

My mother recently passed away, and I am both the executor and sole beneficiary of her estate. The property involved is under a warranty deed and a trust. Given there are no requirements stated in the trust, no debts or mortgage, and no co-beneficiaries, do I need to transfer the deed into my name... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 29, 2025

While an estate planning and probate attorney will need to review the trust for a more precise and correct answer based on the actual terms of the trust, the general answer to your questions is that it should not be a problem as long as the terms of the trust are being followed and addressed. In... View More

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4 Answers | Asked in Workers' Compensation, Landlord - Tenant, Personal Injury and Real Estate Law for Florida on
Q: Options for financial and medical implications of injury at landlord's house in Florida?

I sustained a severe injury to my midsection and pelvic area after falling into a beam while working at my landlord's house two months ago, which has left me disabled. I've been unable to work, and have visited the hospital three times and the doctor once for treatment. I am experiencing... View More

James Clifton
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James Clifton
answered on Jun 26, 2025

If the injury occurred while performing work for the landlord, you might qualify for workers’ compensation if you are deemed an employee. Florida law defines an employee broadly, including those performing services for another for wages, and provides coverage for medical benefits and wage loss if... View More

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4 Answers | Asked in Workers' Compensation, Landlord - Tenant, Personal Injury and Real Estate Law for Florida on
Q: Options for financial and medical implications of injury at landlord's house in Florida?

I sustained a severe injury to my midsection and pelvic area after falling into a beam while working at my landlord's house two months ago, which has left me disabled. I've been unable to work, and have visited the hospital three times and the doctor once for treatment. I am experiencing... View More

Stephen Arnold Black
Stephen Arnold Black
answered on Jun 26, 2025

There are two key issues to consider here.

First, do you have an employment agreement, or are you otherwise considered an employee of your landlord? If so, workers’ compensation may be your exclusive remedy. However, if your employment status is unclear, you may be able to pursue a...
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1 Answer | Asked in Estate Planning for Florida on
Q: How can I find out if a trust is closed as a beneficiary?

I am a beneficiary of a trust, and my family and I have not heard from the trustee since October. We are trying to find out if the trust is closed. What steps can we take to verify its status, and as beneficiaries, are we entitled to any documentation or information from the trustee?

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 25, 2025

There should be a notice of trust submitted in the county where the deceased lived (if they are deceased), you as beneficiary are entitled to a copy of the rust and you are entitled to regular accountings and various other rights you have and the trustee has obligations to do ongoing. You should... View More

2 Answers | Asked in Family Law for Florida on
Q: Is it necessary to submit a marriage license in Florida?

I'm planning to get married in Osceola County, FL, and I'm wondering if there is a legal requirement to turn in the marriage license, as I would prefer not to involve the state in my personal life.

Sebastião Morais
Sebastião Morais
answered on Jun 25, 2025

In Florida, if you wish to be legally married, you must obtain a marriage license from the local Clerk of Court—such as in Osceola County—and ensure that the officiant signs and returns it to the Clerk within 10 days of the ceremony. This step is not optional: it’s a legal requirement for the... View More

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1 Answer | Asked in Collections and Civil Litigation for Florida on
Q: Is my credit card debt from 2016 protected by the statute of limitations in Florida?

I filed a claim for an extension regarding a wage garnishment due to credit card debt originally from 2016, currently owned by Midland Credit since 2019 for $3,500. Since I haven't made any payments or acknowledged the debt since 2018, and I live in Florida, is my account protected by the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 24, 2025

If there is a wage garnishment, there is a judgment against you. Judgments are good for 20 years in Florida, so there is a long time before the statute runs. You filed for an exemption? You are the one who filed, nobody knows what the basis for your claim is. You have to prove that you are entitled... View More

2 Answers | Asked in Civil Rights, Landlord - Tenant, Gov & Administrative Law and Real Estate Law for Florida on
Q: Can a private condo refuse emotional support animal documentation under FHA?

I'm facing an issue with my condominium, which refuses to consider my emotional support animal documentation, claiming it "does not apply to them" because they are a "private condominium" under the federal Fair Housing Act. I'm considering legal action to ensure my... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Jun 23, 2025

The Fair Housing Act applies to condominiums, homeowner associations, cooperatives and other types of private corporations furnishing housing. Just be sure your ESA letter is from a mental health provider that has treated you and not obtained from one of those internet sites that will provide an... View More

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3 Answers | Asked in Business Formation, Trademark, Business Law and Intellectual Property for Florida on
Q: How can I trademark my business name and logo "REDFIN PRINTS" in Florida?

I am starting a business called "REDFIN PRINTS" and would like to trademark both the name and the logo, which I designed myself. Can you provide guidance on how to go about this process and what steps I need to take?

Zachary S. Al-Tabbaa
Zachary S. Al-Tabbaa
answered on Jun 24, 2025

First, have you looked to see if anyone has registered the name REDFIN PRINTS, or something similar? You mention that you want to trademark both the name and logo in Florida, so are you looking for federal registration or do you just want to protect the marks locally? If you're looking for... View More

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Q: My Neighbor gave a tree contractor an unauthorized OK to use my property to get the back of her home. Now there damage.

My Neighbor gave a tree contractor an unauthorized OK to utilize my property to get the back of her home. She told them then contractor told my tenants that I said it was OK. I never gave permission or knew anything about what was going on. Now there’s property damage due to them utilizing my... View More

Travis S. McConnell
Travis S. McConnell
answered on Jun 20, 2025

In Florida, the law generally provides that a person or company who negligently causes damage to someone else’s property can be held legally and financially responsible. This includes both the individual who directly caused the damage and, in some cases, others connected to that person through a... View More

2 Answers | Asked in Intellectual Property and Patents (Intellectual Property) for Florida on
Q: Concern about patent infringement for product in production

I have a product that is in the final steps of production. I recently discovered another product that is slightly similar to my design but has not been made public. I am concerned about potential patent infringement or violation of intellectual property rights. I haven't yet conducted a patent... View More

Kevin E. Flynn
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Kevin E. Flynn
answered on Jun 19, 2025

You need to talk to a patent attorney. If you are in a space where people normally obtain patent protection for innovative products, you may need to do so. Your patent attorney may be able to find a patent filing by your competitor -- but it is very likely that that their patent was filed within... View More

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1 Answer | Asked in Consumer Law, Insurance Defense and Civil Litigation for Florida on
Q: Gap insurance claim denied, credit union lawsuit after total loss

I experienced a total loss of my vehicle, but my gap insurance is refusing to pay the claim because I filed it a year later. I initially thought the dealership would handle it automatically with the credit union that financed my car, as they didn't instruct me about the process. Now, the... View More

Barry W. Kaufman
Barry W. Kaufman
answered on Jun 19, 2025

The gap insurance carrier is a completely separate company from the dealership, and the dealership is not your agent. The way to address the situation is to bite the bullet and contact the law firm that filed the lawsuit (or the credit union directly if the credit union filed the lawsuit on its... View More

3 Answers | Asked in Family Law and Real Estate Law for Florida on
Q: Considerations before signing over house share in Florida

I jointly own a house with my husband, but I'm not on the mortgage or loan. My husband is pressuring me to sign over my half, claiming it will prevent debt if we sell the house in court. We aren't taking any legal steps toward separation yet, but selling the house could provide me... View More

Veronica LaVerne Robinson
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answered on Jun 18, 2025

There is so much to consider before signing your share of the house to your Husband. If the house was purchased during the time of the marriage, then the house is marital property. If mortgage payments or other improvements were made to the home with marital funds, then the house is considered... View More

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3 Answers | Asked in Family Law and Real Estate Law for Florida on
Q: Considerations before signing over house share in Florida

I jointly own a house with my husband, but I'm not on the mortgage or loan. My husband is pressuring me to sign over my half, claiming it will prevent debt if we sell the house in court. We aren't taking any legal steps toward separation yet, but selling the house could provide me... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Jun 18, 2025

Before signing over your share of the house, it's important to understand the full legal and financial impact. Even if you’re not on the mortgage, being listed on the deed means you have a legal ownership interest—and in Florida, you likely also have a marital interest in the property,... View More

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4 Answers | Asked in Divorce, Domestic Violence, Real Estate Law, Tax Law and Family Law for Florida on
Q: What are my legal options to recover funds invested in a house co-owned with ex, considering a restraining order and inheritance sale proceeds in Florida?

I inherited a house and sold it, using the proceeds to jointly purchase a new house with my ex-girlfriend. Due to a court-imposed restraining order, I am legally barred from the house we co-own. Both our names are on the deed. I have documentation proving that the funds I contributed to the... View More

Kunal Mirchandani
Kunal Mirchandani
answered on Jun 18, 2025

If you co-own a home in Florida with your ex-girlfriend and contributed funds from the sale of an inherited property, you have several legal options to recover your investment—despite being barred from the property due to a restraining order.

Because your name is on the deed, you are...
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4 Answers | Asked in Divorce, Domestic Violence, Real Estate Law, Tax Law and Family Law for Florida on
Q: What are my legal options to recover funds invested in a house co-owned with ex, considering a restraining order and inheritance sale proceeds in Florida?

I inherited a house and sold it, using the proceeds to jointly purchase a new house with my ex-girlfriend. Due to a court-imposed restraining order, I am legally barred from the house we co-own. Both our names are on the deed. I have documentation proving that the funds I contributed to the... View More

Joseph Martin Dobkin
Joseph Martin Dobkin
answered on Jun 18, 2025

You have two distinct but connected issues here: (1) recovering your investment in the co-owned home despite the restraining order, and (2) potential IRS tax consequences related to the sale of the inherited property.

1. Recovering Your Investment in the Co-Owned Home (Florida)

Even...
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2 Answers | Asked in Probate and Real Estate Law for Florida on
Q: How can my friend prove ownership of Florida land without a copy of her late husband's Will?

My friend from Horsham, Montgomery County, PA, lost her husband over 27 years ago. He had a Will, but their attorney at the time advised her that it didn't need to be registered as she was the sole beneficiary. However, she no longer has a copy of the Will. Currently, there's an issue... View More

Phillip William Gunthert
Phillip William Gunthert
answered on Jun 18, 2025

This is a Florida Probate Matter, you will need to get a Florida Probate Attorney to pursue some version of probate in Florida, if a probate was already done in another state previously, an ancillary probate will be required in Florida for the property. A copy of the deed will also be helpful to... View More

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2 Answers | Asked in Child Custody, Immigration Law and Family Law for Florida on
Q: How to request sole custody in FL to renew children's passports?

I need to renew my children's passports (ages 7 and 13) while residing in Miami, Florida. I was never married to their father, who lives abroad and rarely contacts us. There has been no court order for custody, and I want to request sole custody to facilitate passport applications. What legal... View More

Rand Scott Lieber
Rand Scott Lieber
answered on Jun 17, 2025

You do not mention whether the father is listed on the birth certificate. If he is not then you are in full control. If he is listed then you can try to apply for the passports and explain that you cannot locate the father. Last resort, you can apply to the court for a court order. It would be a... View More

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