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
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
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 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
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
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
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
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
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
In Florida, qualifiers play a crucial role in ensuring that construction businesses operate within the law. While being a W2 employee remains the best practice for qualifiers who are not owners, recent changes to the Florida Administrative Code provide new alternatives. Updated Rule: 61G4-15.0024 Supervision of Business Entities The rule 61G4-15.0024 outlines the requirements for … 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
Fla. Stat. 489.113(3)(a) requires that a qualified business replace its qualifier within 60 days of qualifier termination of qualification. The company cannot continue to operate as a construction business until it replaces its qualifier, however, it may obtain a temporary certificate permitting it to complete incomplete jobs. The analogous electrical contracting statute seems to indicate … 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
If a (non-owner) interested party (Contractor, Subcontractor) transfers to cash a lien placed on the Owner’s property, is that party perpetually obligated to increase security upon motion and order obtained by the foreclosing plaintiff for the pendency of the case. The law is unsettled, but seems to answer this question in the negative. Florida Law … Read more
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
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
(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) There is no requirement for a qualifier to own a percentage of the qualified business. There is no requirement that the qualifier of your construction business must have an ownership interest in your company in order for the DPBR … Read more
The Coronavirus and its fallout will likely be with us for several months, and new business opportunities may be limited for a time. Now may be a good time to review your company’s aging accounts receivable list, and try to collect on past due amounts that you my have been too busy to focus on … Read more
(Need a Qualifier Agreement?, Go to our main qualifier agreement page for more infomation, Click Here!) Oftentimes, Qualifiers ask the firm when preparing their Qualifier Agreements, “How much should I get paid?” While, there is no clear answer to this question, there are some things to consider . First and foremost, a qualifier should ask … Read more
If your rental property is owned in a corporate name, you may need an attorney to handle any contested eviction to evict a non-paying tenant. Even through Florida’s small claims rules permits representation of a corporate entity by an employee, if you are seeking possession of the rental property (eviction), that is not within the … Read more
FORT LAUDERDALE, FLORIDA – (April 10, 2019) Andrew Douglas, P.A., proudly announces that on March 1, 2019 its principal attorney Andrew Douglas was certified as a Florida Supreme Court Certified County Court Mediator.
FORT LAUDERDALE, FLORIDA – (December 28, 2018) Andrew Douglas, P.A., proudly announces that on December 5, 2018 its principal attorney Andrew Douglas was sworn in as a Traffic Hearing Officer for the Seventeenth Judicial Circuit in and for Broward County, Florida. In addition to his litigation practice, Attorney Douglas will adjudicate traffic infraction matters at … Read more
Fraud in the context of contractual relationship brings with it a tricky set of issues that even some Florida Courts fail to fully understand and appreciate. Florida Courts acknowledge the long-standing independent tort doctrine which provides which states in relevant part from Indemnity Ins. Co. of North America v. American Aviation, Inc., 891 So.2d 532, 536-537 … Read more
Executing a lien on behalf of the contracting entity does not create individual liability. See BRUCE TANSEY CUSTOM CARPENTRY, INC. v GOODMAN , 33 So.3d 70, (Fla. 2nd DCA 2010), “Even if the complaint had alleged that Tansey was individually liable, the evidence did not support individual liability where Custom Carpentry was the lienor and Tansey signed … Read more