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Widerman Malek Law Blog

The Matter of Damages: How Much Can You Sue (or be Sued) For?

If you are involved in a lawsuit—whether as the plaintiff or as the defendant—you may be wondering how much money can be at stake.  This is where the question of damages comes into play. What does the term “damages” mean? Simply put, damages are the monetary award that you can receive (or be ordered to […]

Finally a Victory for Shannon Santimore and her Legal Team after a 2 Year Battle

Sometimes you really have to stand up and cheer for our wonderful legal system. It may take some time to come to a decision when you choose to pursue legal recourse on something, but it is a great thing that we always have the right to do it. It is something a lot of people […]

LA Jail Beatings Lead to Major County Payouts

Charged with alleged battery and filing fraudulent reports, five of the eighteen sheriff’s deputies of the Los Angeles police department from Federal indictments are now being sued. Testimonies were taken from prisoners and those affected that state of the crimes. Legal experts say this could mean big payouts from the county to the plaintiffs involved […]

Loan Modification, Stipulated Judgment, Deed in Lieu,…What do you do?

Loan Modification, Stipulated Judgment, Cash for Keys,…What do you do?

It is best to talk to an attorney before you ever get to the point where you start falling behind on your mortgage. Before things start to go downhill too much, you might be able to save yourself a lot of future problems by talking with a professional up front. Having said that, if you find yourself at the point where you have already missed a mortgage payment, or several, you likely still have several options available. For the purposes of this article, we will assume that the mortgage is on your Florida homestead property.

Construction Liens, Landlords, and Tenants

Construction Liens, Landlords, and Tenants

A landlord can be liable for a construction lien (or mechanics’ liens) if the landlord fails to take proper precautions or fails to timely respond to a contractor or other lienor. An “owner” must sign the notice of commencement for construction or improvements to begin on a premises.

What is a Certificate of Occupancy and do you need one?

What is a Certificate of Occupancy?

A certificate of occupancy or CO in theory is very simple. It is the approval from the local jurisdiction that allows anyone other than construction workers, engineers, etc. to occupy the structure, with some exceptions that this article does not address, such as for industrial structures and projects. This sounds simple enough, but in order to receive a CO, the structure is typically required to be nearly finished, but not necessarily completely finished. It is often times the point at which substantial completion occurs, but case law is clear that they are not necessarily the same and in fact, receiving a CO is certainly strong evidence that substantial completion has occurred, but not necessarily the only evidence needed. For further information about substantial completion, visit my blog on substantial completion.

Will a Tenant get their security deposit?

By: J. Mason Williams IV I have been asked several times whether a person can get their security deposit back.  Often times, they tell me that they cleaned everything up and the landlord still won’t give them their deposit back.  Why not and what can I do?   Well, first you have to review your […]

Do you always have to pay rent?

The short answer is no, you don’t always have to pay your rent, but the circumstances that allow you to make partial payments, or to stop paying altogether are very limited.  In short, generally you need to pay your rent.  You might win a case and get that rent returned or get something fixed, but […]

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