Picking the Correct Procedure for Possession of Real Property There are many differences between evictions and ejectments in Florida; however, for the purposes of this article I will stick to the main differences. An eviction is a lawsuit where you are asking the court for possession of a rental property. Evictions are governed by Chapter…
The Tax Consequences of A Short Sale in Florida Did you know that if a Lender writes off debt in a short sale it’s considered a “taxable event?” The lender tells the IRS about the transaction by submitting a “Cancellation of Debt, Form 1099-C” at the end of the year. The IRS generally considers forgiven…
All too frequently, rental homes and condominiums throughout Orlando go into foreclosure while tenants are still living in the property. Almost every day our firm is contacted by either a tenant or a landlord regarding issues that result from their rental property being in foreclosure. The Orlando Sentinel has picked up on this frequent problem…
Florida-friendly landscaping and the Unfriendly Homeowner’s Association The Florida legislature passed a law in the early 2000s and in 2009 with the goal of encouraging homeowners and community associations to cultivate landscapes that don’t require pampering with sprinklers and chemicals. These lawns are referred to as “Florida-friendly” lawns or landscaping. Florida-friendly landscaping is defined by…
This is a commonly asked question. The first place you should look is your lease. A good lease should spell out the landlord’s obligations to the tenant. You should also look at Section 83.51 of the Florida Statutes. Here is a link: Click Here If the landlord is in violation of the lease or Section…
There is a certain notice requirement under Chapter 83 of the Florida Statutes that the landlord must follow in order to make a claim on any portion of your security deposit. If that notice is not given, the landlord forfeits his/her right to make a claim. If proper notice is given, the tenant must object…
You should never have a verbal lease agreement with a tenant. It just leads to problems down the road. However, if you are in that situation, it depends on how often rent is paid. Section 83.46(2) of the Florida Statutes states: If the rental agreement contains no provision as to duration of the tenancy, the…
It seems that recently, every attorney is practicing foreclosure defense. The problem is that not many of them are knowledgeable enough in the area to be worth the money they charge their clients. The reason for the large increase of attorneys practicing foreclosure defense is simply that there the need for foreclosure defense is in…
1. DO gather as much information about your prospective tenants as possible. As a landlord, you need to make sure you gather as much information as possible about your prospective tenants. This information can prove to be valuable both before the move in and after the move out. Before the move in you want to…
*Please note that the Protecting Tenants at Foreclosure Act of 2009 is set to expire on December 31, 2014* During the foreclosure crisis, numerous renters in good standing have been forced to relocate after a foreclosure sale with little or no notice. To address this critical problem and to stabilize neighborhoods, Congress passed the Protecting…
Subrogation is the legal process by which an insurance company seeks reimbursement after it has already paid a claim for an accident on behalf of its insured. For example, if a person caused an auto accident and did not have insurance at the time, the injured driver’s insurance company would pay the injured party for…
The term subrogation comes from the Latin word “subrogare,” which means to “stand in the place of.” If you are not responsible for an auto accident, you have the legal right to sue the negligent driver. If you accept payment for damages from your insurance company, however, you transfer this right. Subrogation means the insurance…