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What Florida Landlords Should Do When Tenants Request Repairs — And What If the Repairs Require the Tenant to Move Out?

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What Florida Landlords Should Do When Tenants Request Repairs — And What If the Repairs Require the Tenant to Move Out?

Tenant maintenance and repair requests are an inevitable part of managing rental properties in Florida.However, how a landlord responds to these requests — especially when they involve serious repairs — can determine whether the situation resolves smoothly or escalates into habitability claims, withheld rent, or lawsuits. At Douglas Firm, we help Florida landlords manage these situations proactively and legally.Here’s … Read more

Corporations Need Attorneys to Obtain Writ of Possessions in Foreclosures and Evictions

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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

Florida Lien Law: Using Lien Statute to Foreclose Worthless Collateral, Why and When?

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Recently, the Florida Construction Attorney Articles discussed how tenant improvements can subject a landlord to lien liability (see Article on Florida Lien Law: Liens and Leases), but what can be done when a Fee Simple Owner properly avoids liability through compliance with Fla. Stat. 713.10(2)(a) which states, “[w]hen the lease expressly provides that the interest of the … Read more

Florida Lien Law: Liens and Leases

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Can lienors that perform work on a construction project under a contract with a lessee (tenant) foreclose on the Owner’s interest? Quick Answer: It depends. The not so quick answer starts with a basic rule and continues with exceptions, all found in Fla. Stat. 713.10. Basic Rule: 713.10 (1) Except as provided in s. 713.12, … Read more

Florida Legislature Reins in Condominium and HOA Estoppel Fees

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As a part of the sale of any HOA controlled home, or a condominium unit, title insurers and closing agents require estoppel certificates indicating the amount owed, if any, to the HOA/Condo Association so that the appropriate prorations are made, and so that HOA/Association liens are cleared upon closing by the closing agent. Until now … Read more

Construction Contracting: Mandatory Provisions for Residential Contracts

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Florida law requires contractors to include 2 mandatory provisions in their contracts when the contract is for improvement to residential property, the Florida Lien Law disclosure and the Florida Homeowner’s Construction Recovery Fund. FLORIDA LIEN LAW MANDATORY PROVISION FOR DIRECT CONTRACTS Source: Fla. Stat. 713.015 Mandatory provisions for direct contracts.— Applies to: Any direct contract greater than $2,500 … Read more

Contract Reformation in Florida – Statute of Limitations

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In Florida, a party to a contract may seek to invoke the equitable jurisdiction of the Court to enforce a contract that does not accurately reflect the agreement made by the parties.  If the Contract does not accurately reflect the agreement between the parties, a party can ask the Court to reform the contract to accurately reflect the true intentions … Read more

Foreclosing Construction Lien on Condominium for Common Area Work

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Condominium Lien

Florida Lien Law, Fla. Stat. ch. 713 with Fla. Stat 718.121(2), provides that a construction lien based on labor performed on or materials furnished to common elements, when such contract work was authorized by the association, constitutes a lien against all condominium parcels. However, there are some particularities when enforcing such liens.  Contrary to popular … Read more

Overhead and Profit Includable In Florida Construction Lien – Maybe?

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Fraudulent Lien

A claim of lien may cover the reasonable value of the work performed and in place inclusive of profit and overhead,  if such overhead and profit is a component of the reasonable value of the work. Under Florida Law, a lineor is entitled to a lien for money owed for labor, services, and materials provided to … Read more

Judgment Attaches to Real Property Only After Recordation of Certified Copy of Judgment

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final judgment construction attorney

The normal course of action when a Florida Court (or a South Florida Court at least in my experience) enters a final judgment is for the clerk to record such judgment in the Official Records of the same County. However, this action by the Clerk does not cause such judgment to attach to real property of … Read more

Florida Construction Lien Law: Method of Serving Notices 713.18, Florida Statutes

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Serving Construction Notices Florida

713.18 Manner of serving notices and other instruments.— (1) Service of notices, claims of lien, affidavits, assignments, and other instruments permitted or required under this part, or copies thereof when so permitted or required, unless otherwise specifically provided in this part, must be made by one of the following methods: (a) By actual delivery to the person to … Read more

Construction Litigation: Getting Paid for Your Work

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Construction Litigation: Collecting Amounts Due for Work on a Construction Project When Written Demands for Payment Fail, you may need to see a Construction Litigation Attorney Construction litigation is court proceedings that arise out of a construction project.  A construction litigation case can by or between any of the players in the construction process including … Read more

Separating Motive from Intent and Proving a Civil Theft Claim

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A Discussion on Florida Civil Theft: Does Motive Matter, or Does Intent Only Matter? Motive is legally defined as motive n. in criminal investigation the probable reason a person committed a crime, such as jealousy, greed, revenge or part of a theft. While evidence of a motive may be admissible at trial, proof of motive … Read more

Andrew Douglas, P.A. Construction Attorney Representing Underground Utility and Excavation Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Underground Utility and Excavation Contractors. A Underground Utility and Excavation Contractor is defined under Florida Law as: “Underground utility and excavation contractor” means a contractor whose … Read more

Andrew Douglas, P.A. Construction Attorney Representing Engineers

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Engineerss. A Engineers is defined under Florida Law as: “Engineering” includes the term “professional engineering” and means any service or creative work, the adequate performance of … Read more

Andrew Douglas, P.A. Construction Attorney Representing Plumbing Contractors

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Andrew Douglas, P. A. is a South Florida Construction Attorney, our Construction attorneys handle all construction claims and construction disputes. We handle claims for all Florida Construction Contractors, including Plumbing Contractor. A Plumbing Contractor is defined under Florida Law as: “Plumbing contractor” means a contractor whose contracting business consists of the execution of contracts requiring … Read more

Four Bases for Attorney’s Fees Entitlement in Florida

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In Florida there are generally 4 bases to obtain attorney’s fees as damages in a lawsuit. The general rule also known as the “American Rule” is that each party bears its attorneys fees in litigation, it is the default rule in Florida. However, here are the exceptions to that rule. 1. Statutory Basis for Attorney … Read more

DUI Law Summary

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DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the … Read more

Florida’s Homestead Exemption and its Benefits. Everything a Floridian Needs to Know.

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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

Florida Real Estate: Seller and Real Estate Agent Fraud and Misrepresentations

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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

Florida’s Statute of Frauds- Performance of Non-Written/Oral Contracts

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Non-Compete Agreement

One of the first things an attorney thinks about when defending claims based on oral contracts is whether such claims are barred by the Statute of Frauds. The State of Frauds is a common law defense which has been incorporated into statute in Florida. Traditionally, the Statute of Frauds requires a signed writing in the … Read more

Transfer your Residence to a Life Estate Under Florida Law- Keep Homestead and Your “Save Our Homes” Valuation

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I want to transfer my residence to my child/children keeping a life estate for myself so that my property avoids probate, will I lose my homestead exemption or my “Save Our Home” valuation? NO , to both. Here is why: A transfer from full ownership (fee simple) to a life estate where the grantor keeps … Read more

Renting? Is your landlord in foreclosure?

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In this real estate market everyone is looking for a steal. However, some offers are too good to be true. In the past only potential renters required background checks needed to close a rental agreement. Now times are different, and landlords need to be investigated too. Here are some helpful tips if you are planning … Read more

Florida Construction Law: Serve a Notice to Owner to Preserve Lien Rights

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The filing of a Notice to Owner is just one of many steps in perfecting a claim of lien under Florida law. The Notice to Owner is filed by a subcontractor or materialman who does not have a contract with the Owner. This notices simply lets the Owner know “hey, I am working on your … Read more

Florida’s Civil Theft Statute – A powerful addition to a claim for theft/conversion.

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Florida’s Civil Theft Statute is a powerful tool to recover  damages for theft and theft related civil actions which enables the Plaintiffs to seek attorney’s fees and treble (triple) damages.  However, there are some nuances in Florida Law which should be reviewed before filing an action for Civil Theft. First, the economic loss doctrine is generally a … Read more