In business, not every deal works out. Whether a vendor fails to perform, a partner relationship turns sour, or economic conditions change, you may find yourself asking:Can I get out of this contract — without getting sued? The answer depends on the contract’s language, the circumstances, and how you handle the termination. In Florida, improper termination … Read more
Factor Commercial Evictions Residential Evictions Governing Law Lease contract + Florida Statutes, Chapter 83, Part I Florida Residential Landlord & Tenant Act (Chapter 83, Part II) Required Notice As stated in the lease, or reasonable notice Strict statutory notice periods (e.g., 3-day, 7-day, 15/60-day) Self-Help Eviction Sometimes allowed if specified in lease Strictly prohibited Tenant … Read more
As a landlord in Florida, knowing which eviction notice to serve—and when—is crucial for a smooth and legally compliant eviction process. Serving the wrong notice or failing to follow the proper procedures can lead to costly delays or even dismissal of your eviction case. This guide breaks down the different types of eviction notices in Florida, their … Read more
Evictions in Florida can be a quick process or a prolonged legal battle, depending on the tenant’s response, court availability, and whether the landlord follows proper procedures. Understanding the eviction timeline helps landlords plan accordingly and avoid unnecessary delays. This guide outlines each stage of the eviction process, estimated timeframes, and common factors that affect how long … Read more
Evictions can be a necessary but challenging part of property management in Florida. As a landlord, understanding the legal eviction process is crucial to protecting your investment while avoiding costly mistakes. This guide provides an overview of Florida’s eviction laws, the steps involved, and common pitfalls to avoid. Understanding Florida Eviction Laws Florida law strictly … Read more
In Florida, landlords must serve tenants with a 3-Day Notice to Pay Rent or Vacate before filing for eviction due to non-payment of rent. This legal document notifies the tenant that they have three business days (excluding weekends and legal holidays) to either pay the past-due rent or move out. If the tenant fails to comply, the landlord can … Read more
In the wake of global disruptions like the COVID-19 pandemic, businesses and legal professionals are closely examining the interplay between contractual force majeure clauses and common law defenses such as impossibility and frustration of purpose. Understanding how these legal concepts interact is crucial for managing contracts during unforeseen events. Understanding Force Majeure Clauses Force majeure … Read more
Passed in 2021, Fla. Stat. 163.211 eliminates local government’s ability to regulate and license specialty contractors (such as painters, flooring, landscapers, pavers and others whose work does not involve life safety implications.) Generally, the new licensing scheme eliminates the requriements for contractor’s to seek licensure from their local governments, and potentially eliminates the need for … Read more
Fla. Stat. § 83.60 requires that “If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. “ From this it is clear, that just a base allegation that the rent as alleged in the complaint is wrong, does not entitle Tenant to a … Read more
Despite Florida’s streamlined statutory framework for residential evictions, tenants maintain several tools to delay the eventual final judgment of eviction. A bankruptcy filing will delay an eviction process by the imposition of the automatic stay under 11 U.S. Code § 362. While inconvenient, the bankruptcy filing should only temporarily impede the eviction process. The Bankruptcy … Read more