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Quick Answers on Florida Law

Avoiding Legal Trouble as a Qualifying Agent: What Should Be in Your Agreement

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Florida Lien Guide

Protecting Your License, Reputation, and Future as a Florida Contractor Serving as a qualifying agent in Florida means more than allowing someone else to use your license—it means assuming legal responsibility for a construction business’s operations. And with that responsibility comes risk. Too many licensed contractors get involved in qualifier relationships without a solid, attorney-drafted agreement in … Read more

What Is a Qualifier Agreement in Florida?

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Understanding License Qualification and the Importance of Doing It Right In Florida, many construction companies operate under a license that doesn’t belong to the owner—but rather to a qualifying agent. This arrangement allows the business to legally perform work that requires licensure, even if the owner or officers themselves aren’t personally licensed. But this setup involves … Read more

Key Clauses Every Qualifier Agreement Should Include

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Key Clauses Every Qualifier Agreement Should Include

What Florida Contractors and Business Owners Need to Protect Their Interests In Florida’s construction industry, it’s common for a licensed contractor to qualify a company they don’t own. But too often, these arrangements are based on trust, a few emails, or a handshake—without a written agreement. That’s risky for both sides. A Qualifier Agreement isn’t just a … Read more

License Qualification in Florida: What a Qualifier’s Responsibilities Really Are

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License Qualification in Florida: What a Qualifier’s Responsibilities Really Are

Understanding the Legal Duties of Qualifying Agents Under Florida Law If you’re a licensed contractor in Florida, you’ve likely been approached by someone asking: “Will you qualify my company so we can operate under your license?” On the surface, it may seem like a simple business arrangement. But the moment you agree to become a qualifier—or … Read more

Navigating Tenant Defenses: How to Overcome Common Challenges in Florida Eviction Cases

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Navigating Tenant Defenses: How to Overcome Common Challenges in Florida Eviction Cases

Evictions in Florida aren’t always as simple as serving a notice and filing paperwork. In many cases, tenants actively participate in the process and raise legal defenses that can delay or even prevent a landlord from obtaining possession of the property. Whether you’re evicting for non-payment of rent, lease violations, or a holdover tenancy, it’s … Read more

Legal Tips for Developers: Managing Contractor Disputes in Florida

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Legal Tips for Developers: Managing Contractor Disputes in Florida

If you’re a developer in Florida, disputes with contractors aren’t just inconvenient — they can delay projects, increase costs, and threaten your bottom line. From missed deadlines to payment conflicts or construction defects, it’s critical to manage contractor issues proactively and legally to keep your project moving. This guide outlines key legal tips for Florida developers to … Read more

Business Fraud vs. Breach of Contract: Key Differences

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Business Fraud vs. Breach of Contract: Key Differences

Not every broken promise is fraud — and not every breach of contract is just a business mistake. In Florida, the line between a breach of contract and business fraud can determine whether you can recover punitive damages, rescind a deal, or hold someone personally liable. If your company has been misled, shortchanged, or outright lied to, it’s important … Read more

Are You Personally Liable? Understanding the Risk of Qualifying a Company in Florida

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What Every Contractor Should Know Before Lending Their License In Florida, it’s common for licensed contractors to be asked to “qualify” a construction company. Maybe it’s a friend, a former employer, or a business partner offering a monthly fee in exchange for the use of your license. Sounds like easy money, right? But here’s what … Read more

When Can a Florida Residential Landlord Retake Possession Without an Eviction?

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Landlords in Florida are often eager to regain control of their rental property when a tenant stops paying rent, disappears, or violates the lease. But Florida law imposes strict rules on when—and how—a residential landlord can retake possession of a property without filing an eviction lawsuit. In most cases, landlords must go through the formal eviction process to … Read more

Scope Creep and Extra Work: How to Protect Yourself in Florida Projects

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In construction, the original scope of work rarely stays the same from start to finish. Owners request extras. Contractors adjust timelines. Subcontractors add tasks to stay on schedule. Before long, the project has ballooned beyond the original agreement — a phenomenon known as scope creep. If you’re a contractor, subcontractor, or supplier working on Florida construction … Read more

Why Every Contractor Needs a Written Qualifier Agreement—Not Just a Verbal Deal

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Qualifier Agreement

Protecting Your License, Your Business, and Your Liability In Florida’s construction industry, it’s not uncommon for licensed contractors to “qualify” a business—allowing that business to operate under their license. Often, these arrangements are made informally: a few conversations, a handshake, and maybe some text messages to confirm payment terms. But here’s the truth: qualifying a company … Read more

What Makes a Contract Unenforceable in Florida?

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Most Florida business owners assume that once a contract is signed, it’s binding. But not all agreements are legally enforceable — and if certain elements are missing or flawed, a contract can be ruled invalid or void in court. Whether you’re trying to enforce an agreement or escape from one, it’s critical to understand what makes a contract … Read more

How to Write and Maintain a Rent Ledger That Wins in Court

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Essential Recordkeeping for Florida Landlords Pursuing Eviction In any Florida eviction case based on non-payment of rent, the rent ledger is your most important piece of evidence. Judges want to see exactly how much rent was owed, how much was paid, and how you applied each payment. A clear, consistent rent ledger can make the difference … Read more

How to Confirm a Tenant’s Non-Military Status Before Eviction: What Florida Landlords Need to Know

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How to Confirm a Tenant’s Non-Military Status Before Eviction: What Florida Landlords Need to Know

If you’re pursuing an eviction and the tenant fails to respond or appear in court, Florida law allows you to seek a default judgment—but only after you confirm that the tenant is not an active-duty military member. This is a critical step in the eviction process, and many landlords are caught off guard by the requirement. Failing to properly confirm … Read more

Can You File a Lien Without a Written Contract in Florida?

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In the fast-paced world of construction, not every deal is formalized in writing — especially on smaller jobs or when long-standing relationships are involved. But what happens when payment doesn’t come through? Can you still file a construction lien in Florida if your agreement was verbal? The short answer: Yes, you can — but only under certain … Read more

How to Legally Terminate a Business Contract in Florida

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How to Legally Terminate a Business Contract in Florida

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

Key Differences Between Commercial & Residential Evictions in Florida

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Key Differences Between Commercial & Residential Evictions in Florida

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

7-Day Notice for Incurable Lease Violations in Florida: A Guide for Landlords

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As a Florida landlord, you may encounter situations where a tenant commits a serious lease violation that cannot be cured. In these cases, Florida law allows landlords to terminate the tenancy immediately with a 7-day notice for incurable violations under Florida Statutes § 83.56(2)(a). This guide explains what qualifies as an incurable violation, how to properly serve notice, and provides a free downloadable notice template for landlords. … Read more

Understanding Florida’s Eviction Notices: Which One to Use and When

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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

How Long Does an Eviction Take in Florida? Timeline and Key Factors

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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

A Landlord’s Guide to Florida Evictions: Process & Pitfalls

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A Landlord’s Guide to Florida Evictions: Process & Pitfalls

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

How to Fill Out a 3-Day Notice for a Florida Residential Eviction

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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

Avoiding Eviction Pitfalls: Why Landlords Should Be Cautious with Zelle and Direct Deposit Payments

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When managing rental properties, landlords often look for convenient ways to collect rent, such as Zelle, direct deposit, or other electronic payment methods. However, these seemingly convenient options can create serious legal complications—especially when a tenant is in default and eviction proceedings have commenced. The Risk of Inadvertent Waiver Under Florida law, accepting rent payments … Read more

Guide for Contractors: Complying with Florida Statute 489.126 on Deposit Monies

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Understanding and complying with Florida Statute 489.126 is essential for contractors to maintain legal standards and build trust with clients. This statute outlines how you must handle deposit monies received for residential construction projects. Here’s a step-by-step guide to ensure you meet these legal requirements: Step 1: Initial Payment and Permits Receive Initial Payment: Apply … Read more

Understanding Florida’s New Unlawful Detainer Statute (No More Squatter’s Rights ) (2024)

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Florida has introduced new measures to tackle unlawful detainer and squatting issues through Chapter 82 of the Florida Statutes, also known as the “Forcible Entry and Unlawful Detainer” law. This law outlines the legal framework for addressing situations where individuals occupy property without legal right. Here’s an in-depth look at the key elements of Chapter … Read more

Qualifier Questions Answered: Do I need to attend a CILB meeting to qualify an additional business?

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If you are a licensed contractor in Florida looking to qualify an additional business organization, you might be wondering whether you need to appear before the Construction Industry Licensing Board (CILB). According to Rule 61G4-15.0021, the answer depends on specific circumstances related to your involvement with the new business. Key Points of Rule 61G4-15.0021: Practical … Read more

Navigating Contractual Force Majeure and Common Law Defenses in Times of Crisis

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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

Evictions: Residential Tenant Must Provide Supporting Documentation with Motion to Determine Rent

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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

DPBR Complaint: You received a Uniform Complaint. What do you do now?

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The Division of Professional and Business Responsibility (DBPR) is the Florida agency responsible for regulating many licensed professionals through its multiple divisions including contractors, real estate professionals, architects, engineers, and much more. A member of the public can submit a Uniform Complaint form, or the Department may initiate a investigation. If the Department believes that … Read more

Auto Insurer Cannot Retain Premium Paid to Reinstate After Non-Payment Cancellation and Deny Coverage for Accident Occurring during Cancellation Period

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Even if an insurer maintains right to deny coverage or to rescind a policy or its reinstatement, it cannot have its cake and eat it too. When an insured reinstates a policy after cancellation for non-payment, the insurer cannot deny coverage and retain premium paid for the time period covering the loss event. Florida law … Read more