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
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
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
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
Terminating a lease for cause/lease breaches other than non-payment of rent is a little more involved than simple non-payment of rent, and this process starts with what is commonly known as the 7-Day Notice. It is called a 7-Day notice since such notice terminates the lease for NON-CURABLE VIOLATIONS within 7 days (not included legal … Read more
What is the 3-day Notice? It is formally titled the NOTICE FROM LANDLORD TO TENANT–TERMINATION FOR FAILURE TO PAY RENT, but pursuant to statute it provides 3 (three) days for the tenant to pay the rent owed. Accordingly, it is commonly referred to as the 3(THREE) DAY NOTICE. The 3-day notice shall contain a statement … Read more
Can a broker be liable for the actions of an associate? There are many large real estate brokerages that employ many sales associates, and if an associate does mishandle escrow funds or commits other law or rules violations the broker may be liable and subject to a disciplinary action by the DPBR. Section 475.25, Florida Statutes … Read more
Florida Bar/Florida Association of Realtors Form Contracts “As-Is” v. Inspection (Standard) Form Contracts. What is the difference? What should you use? Commonalities Both forms give Buyer rights to inspect The different forms provide potentially equal (but different) benefits to Buyers and Sellers. Florida Law Still Requires that Seller disclose any known defects that materially effect … Read more
This is a quick guide as to the meaning and benefits of the Florida Homestead Exemption. While many states have some sort of Homestead benefits, Florida’s Homestead laws provide the Country’s most generous set of benefits to its homeowners. The term Homestead exemption in Florida may refer to four different types of homestead exemptions/benefits under Florida law: … Read more
Are you a victim of a real estate transaction gone wrong? Did an agent, broker, or seller make misrepresentations about the property which are now causing you problems? Not disclose issues affecting the value of your property? Unauthorized work and work performed without permits to the property Undisclosed liens and other title defects Undisclosed defects in construction … Read more