Recent Blog Posts
My Landlord Filed An Eviction Action for Non-Payment of Rent
In Florida, pursuant to Florida Statute Section 83.232, tenants must pay rent into the court’s registry during an eviction case. If the tenant does not pay the rent due, they may lose the eviction case by “default.” That means a default eviction judgment is entered against the tenant quickly, without a hearing or an… Read More »
DEFECTIVE THREE (3) DAY NOTICE’S EFFECT ON EVICTION COMPLAINT
Prior to July 1, 2013, if a landlord filed an eviction action with a defective three (3) day notice, the eviction was subject to be dismissed with prejudice. However, an amended statute, §83.60(1)(a), Florida Statute, went into effect on July 1, 2013. The amended statue requires that “[t]he landlord must be given an… Read More »
DO YOU REALLY WANT A RENT TO OWN CONTRACT FOR REAL PROPERTY?
Prior to entering into a “rent to own” agreement with your tenant, you may want to think twice. In a recent landlord/tenant case (Harner v. Carter, Case No. 2014 32269 COCI (Fla. 7th Jud. Circuit, Volusia County) the Court explained that “eviction is not the appropriate remedy where the occupant of the property has equity… Read More »
What is a Foreclosure Deficiency Judgment?
A deficiency judgment refers to a mortgage lender’s judgment against the borrower for the difference between the outstanding balance of the mortgage note, plus costs and attorney’s fees, and the value of the property foreclosed. For purposes of calculating the amount of deficiency liability, the foreclosed property “value” is the fair market value on the date… Read More »
Unlawful Detainer, Chapter 82, Florida Statutes versus Eviction, Chapter 83, Florida Statutes
In essence, this cause of action applies to situations where friends, family members, significant others, or other persons are allowed to stay on a premises for a certain amount of time or under certain conditions, with no obligation to contribute monetarily or otherwise, and then refuse to leave after the end of the agreed… Read More »
Unlicensed Practice of Law
The Unlicensed Practice of Law (UPL) program was established by the Supreme Court of Florida to protect the public against harm caused by unlicensed individuals practicing law. Consumer Information: The Supreme Court of Florida has given The Florida Bar the duty to investigate and take action against the unlicensed practice of law. Limited Appearance in… Read More »
There is a Last Will & Testament. What’s next?
Formal Administration: One of the primary purposes of probate is to ensure that the decedent’s debts are paid in an orderly fashion. In a formal administration, the personal representative must use diligent efforts to give actual notice of the probate proceeding to “known or reasonably ascertainable” creditors; this notice is required to be published. … Read More »
DO I ADD MY PARTNER TO MY DEED?
When a couple decides to buy property together, their status (married, domestic partnership, common-law married, etc.) does not have immediate implications. However this changes when a property-owning couple ends their relationship, as their status becomes very important in determining how property — real and personal — will be divided. (Real property is real estate,… Read More »
What is a Tax Certificate or Tax Deed?
A tax deed sale is the sale of property for past due real estate taxes and fees associated with the sale. Each year, real estate taxes are to be paid by a predetermined date to avoid becoming delinquent. Once delinquent, the Tax Collector holds an auction to pay off the taxes. This auction is… Read More »
Removal of Transient Occupant from Residential Property
First of all, what is a transient occupant? The term “transient occupant” means a person whose residency in real property intended for residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy was intended as transient in nature. The Factors that establish that a person… Read More »
