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Charles B. Jimerson
Managing Partner

Nikos Westmoreland
Director of Business Development

Jimerson Birr welcomes inquiries from the media and do our best to respond to deadlines. If you are interested in speaking to a Jimerson Birr lawyer or want general information about the firm, our practice areas, lawyers, publications, or events, please contact us via email or telephone for assistance at (904) 389-0050.

Liens and Distress Actions

December 22, 2020 FAQs Real Estate Development, Sales & Leasing

Q: What is the landlord’s lien for rent? A: Section 83.08, Florida Statutes, provides that a landlord has a lien for unpaid rent upon the tenant’s personal property. The lien is upon all agricultural products raised on the rented property, upon all other property of the tenant “usually kept on […]

Definitions and Statutes

December 22, 2020 FAQs Real Estate Development, Sales & Leasing

Q: What section of the Florida Statutes applies to commercial landlord-tenant relationships? A: Florida landlord tenant law is found in Florida Statutes, Chapter 83, and consists of three parts. Part I discusses nonresidential or commercial tenancies. Part II discusses residential tenancies and Part III discusses self-service storage space. Source: Fla. […]

Leases

December 22, 2020 FAQs Real Estate Development, Sales & Leasing

Q: Under Florida law, is an oral lease enforceable? A: Yes, as a tenancy at will. However, Florida’s Statute of Frauds law provides that a lease for longer than one year must be in writing to be enforceable. Nonetheless, an oral lease that is payable monthly is a month-to-month tenancy […]

Duties of the Parties & Landlord Liability

December 22, 2020 FAQs Real Estate Development, Sales & Leasing

Q: Is a tenant liable for breach of contract for “going dark?” A: Yes, in some circumstances. A tenant will be liable to the landlord for “going dark” if the lease expressly or impliedly includes a covenant of continuous operation. Assuming there is no such express provision in the lease, […]

Removal Actions, Rights and Remedies

December 22, 2020 FAQs Real Estate Development, Sales & Leasing

Q: Does a tenant have recourse against a landlord that removes the tenant without legal process? A: Possibly. If the landlord takes possession from the tenant without legal process, the tenant may bring an action for unlawful entry and detainer. It is irrelevant to such action that the tenant’s possession […]

Liens and Distress Actions

December 22, 2020 FAQs, Resources Real Estate Development, Sales & Leasing

Q: What is the landlord’s lien for rent ? A: Section 83.08, Florida Statutes, provides that a landlord has a lien for unpaid rent upon the tenant’s personal property. The lien is upon all agricultural products raised on the rented property, upon all other property of the tenant “usually kept […]

Eminent Domain Law

December 22, 2020 FAQs Construction, Government Entities, Real Estate Development, Sales & Leasing

Q: What is Eminent Domain? A: “Eminent Domain” is currently defined as the power of the nation or a sovereign state to take or to authorize the taking of private property for public use without the owner’s consent, conditioned on the payment of just compensation. The term generally refers to […]

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