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Residential Security Deposits in Florida: A Landlord’s Guide for Retention of Deposits & Payment of Interest

December 29, 2017 Real Estate Development, Sales and Leasing Industry Legal Blog

Security deposits are obviously one of the most important tools for landlords to protect their property when leasing it to a tenant.  However, when accepting a security deposit, residential landlords must comply with Florida law governing how security deposit must be held and how the accrued interest is paid out […]

Florida Property Tax Appeals – Challenge and Reduce Your Tax Liability

August 7, 2017 Real Estate Development, Sales and Leasing Industry Legal Blog

It’s that time of year again.  Every August, the county property appraisers throughout the state of Florida, mail their annual “TRIM” notices to all owners of residential and commercial property.  If you are a property owner, you may be quite familiar with this notice, which prominently states “DO NOT PAY […]

What You Need to Know About Commercial Lease Agreements: Part IV

June 6, 2016 Real Estate Development, Sales and Leasing Industry Legal Blog

This blog post is part IV in a series of posts providing an overview of important considerations for commercial lease agreements. Regardless of whether a landlord or tenant, there are numerous issues that all parties should consider prior to entering into a commercial lease agreement. Part I addressed mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved. Part II discussed the enforceability of certain lease agreements, tort liability for both landlords and tenants, and the use of personal guarantees. Part III focused on the tenant’s remedies, claims and defenses when a landlord breaches the commercial lease agreement. This fourth and final post in this series will discuss the landlord’s remedies, claims and defenses for breaches by the tenant.

How to Turn up the Heat on Freeloading Tenants Through Aggressive Litigation

May 9, 2016 Real Estate Development, Sales and Leasing Industry Legal Blog

In a Landlord-Tenant relationship, there is always the possibility of bad blood emerging between the owner/lessor of the real estate and the tenant/lessee who leases that real estate. One of the most common causes for such bad blood results from disagreements surrounding the payment, or lack thereof, of rent. Landlords should be aware that once a landlord files a complaint against a tenant, a tenant must pay money and attention. The purpose of this blog post is to provide an overview of the “pay-to-play” system of eviction litigation in Florida, practical steps, and analysis for landlords to efficiently evict a defaulting tenant, while at the same time maximizing their potential to recover rent owed under the lease. This blog will explore § 83.232, Florida Statutes, as well as its significantly similar residential counterpart, § 83.60(2), Florida Statutes.

What You Need to Know About Commercial Real Estate Lease Agreements: Part III

May 6, 2016 Real Estate Development, Sales and Leasing Industry Legal Blog

This blog post is part III in a series of posts providing an overview of important considerations for commercial lease agreements. Regardless of whether a landlord or tenant, there are numerous issues that all parties should consider prior to entering into a commercial lease agreement. Part I addressed mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved. Part II discussed the enforceability of certain lease agreements, tort liability for both landlords and tenants, and the use of personal guarantees. Part III will focus on a tenant’s remedies, claims and defenses when a landlord breaches a commercial lease agreement.

What You Need to Know About Commercial Real Estate Lease Agreements: Part II

April 26, 2016 Real Estate Development, Sales and Leasing Industry Legal Blog

This blog post is part II in a series of posts providing an overview of important considerations for commercial real estate lease agreements. Regardless of whether a landlord or tenant, there are numerous issues that all parties should consider prior to entering into a commercial lease agreement. Part I addressed mandatory and suggested commercial real estate lease agreement terms and the legal duties and obligations of the parties involved. Part II will discuss the enforceability of certain lease agreements, tort liability for both landlords and tenants, and the use of personal guarantees.

What You Need to Know About Commercial Real Estate Lease Agreements: Part I

March 7, 2016 Real Estate Development, Sales and Leasing Industry Legal Blog

Parties must consider numerous issues when entering into commercial lease agreements. Such considerations encompass everything from the express and implied duties of each respective party to the remedies afforded to each party in the event of a breach. This blog post is Part I in a series of posts providing an overview of important considerations for commercial lease agreements. Part I discusses mandatory and suggested commercial lease agreement terms and the legal duties and obligations of the parties involved.

Inverse Condemnation Claims in Florida

January 13, 2016 Real Estate Development, Sales and Leasing Industry Legal Blog

Real property rights in the United States and in Florida are constitutionally protected. In Florida, Article X of the Florida Constitution protects a “taking” of one’s private property without just or full compensation. When government action results in a “taking” of private property, such action results in eminent domain or inverse condemnation claims. The focus of this post is inverse condemnation claims.

Escrow Binder Disputes and Interpleader Actions in Florida

January 6, 2016 Real Estate Development, Sales and Leasing Industry Legal Blog

When a real estate transaction fails to close, there are a multitude of legal issues that arise for the buyer, seller, and real estate broker. Often times the buyer’s earnest money binder or “deposit” is being held by a third party escrow agent. Both the buyer and seller are making conflicting claims to the binder. Section 475.25(1)(d)1., Florida Statutes, sets for the statutory procedure that real estate professionals should follow in the event of conflicting binder claims. Remember that real estate agents and brokers are regulated by the Florida Department of Business and Professional Regulation so they must follow some specific procedures in the event of a binder dispute. These procedure are outlined generally by Florida Realtors® and include seeking an Escrow Disbursement Order, Arbitration, Mediation or Interpleader. This blog will focus on the use of Interpleader Actions for escrow binder disputes in Florida.

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