Illegal Towing
Anyone towing a vehicle in Florida without the consent of the owner must comply with the requirements of Florida Statutes Section 715.07. If you parked at a spot, and your car was towed when you came back, contact the local police department to report the vehicle as missing. Local law enforcement will be able to tell you whether your vehicle has been towed and, if so, which towing company towed the vehicle and where your vehicle is stored.
If your vehicle was damaged in the towing process, you may recover the costs to repair your vehicle. Florida Statutes also require that the towing company store your vehicle within 10 miles of the towing site. If your vehicle was taken to a storage location more than 10 miles from the location of the tow, your rights may have been violated.
There are also local rules that regulate how much a towing company can charge your vehicle based on its size and the time it was stored at its facilities.
All these laws and rules are there to protect you from Towing Companies’ predatory practices. If you believe you were not parked illegally, and yet, were towed, contact our office.
Landlord-Tenant Disputes
Disputes between landlords and tenants can occur for many reasons. On the tenant side, failure to pay rent is the most typical. On the landlord side, sometimes landlords fail to maintain the rented property appropriately, and in compliance with the rental agreement (whether it is oral or written).
When the agreement is written the document generally details who is responsible for which repair, up to what amount, and the timing of the repair. In commercial leases, there can be disputes as to the CAM (Common Area Maintenance) amounts. Commercial Triple Net Leases (lease where then tenant pays taxes, insurance and maintenance) can complicate things even further and create disputes.
At Ayala, we are experienced in complex landlord tenant litigation and can guide you and represent you throughout the process.
Consumer Finance Claims
After the 2007-2008 financial crisis, financial institutions came to the spotlight for their deceptive and abusive practices. The result was an increase in regulations to protect consumers from ever powerful banks and lenders. For example, the Consumer Financial Protection Bureau, established new disclosures and the now common 3-day-rule before banks can close on a residential loan. The goal of the rule was to give the consumer, after reading the comprehensive disclosures, a chance to change her mind, in case there was a dramatic difference between what was offered and what was being given at the end—when the borrower was at risk of breach on the purchase sale contract.
The disclosure has very specific rules and requirements that have to be strictly complied with and that can subject lender to liability.
At Ayala, we have experience in both, lending transactions and consumer litigation. This combination puts us in a unique position to understand cases where consumers have been abused by misrepresentations or lack of proper disclosures by powerful financial institutions.
Condominium Association Law
In today’s Miami housing market, chances are you live a building or community where there is either a condominium association or a home owner’s association (HOA). HOA’s and condo associations alike are required to comply with Florida Statutes regulating associations and with the condo documents (aka as the Declaration of condominium).
In addition, associations have by-laws, rules and regulations they have to abide by. The condo documents and rules are like contracts that, if breached may create some right of action for the condo owner or resident.
At Ayala we have successfully represented many condo or HOA owners in legal disputes against their association when their action caused them damages. Our experience in commercial litigation also makes us uniquely positioned to take on condo associations that do not abide by their governing documents.
Consumer Protection
At Ayala we are passionate about protecting and representing the little guy. Consumers often feel powerless in the face of misleading promises and poor services from giant corporations. A phone company charges you an additional, previously undisclosed fee. A landlord cheats a small amount to each tenant on the Common Area Maintenance (aka CAM) fees. A large company discloses, without your permission your private data. Normally, the size of these claims would not justify the expense and attorney work required to prevail against large entities who, at the same time, have the best legal resources in the world. Thankfully, the law provides for the class action device, in which one aggrieved consumer can file a case for him/her, and on behalf of other similarly situated. Grouping cases makes them more financially viable. If you are in a situation where you feel you were wronged by a large entity and feel powerless, give us a call. We may be able to help you.
Complex Injury Cases
Serious injuries are a life changing event. At Ayala we are trial-ready. We have all the capabilities and expertise to represent you in your injury case through trial and appeal. We do not take your typical car accident case. Our focus is complex, serious injury cases, those that require a trial ready team, and enough resources to go the distance. If you must know one thing about us, it is that we fight. We will fight for you and spare no resources in your injury case.
Arbitration
In certain occasions, disputes are subject to enforceable, legally binding arbitration agreements.
We have assisted our clients arbitrate their consumer or commercial disputes. For the most part, the skills required to successfully litigate a case in court are the skills required to successfully arbitrate a case.
In general, it comes down to a careful selection of the arbitrator, the key decider of the case. Just like a judge, the arbitrator will be persuaded, more often than note, by good, quality legal work on your behalf. Our focus on good quality legal writing along with our experienced arguing in courts and trials, puts as in a great position to successfully arbitrate your case.
