$60,000 attorney fee awarded in $100 dispute reversed as manifestly unjust
Ocean Trail HOA levied an assessment against unit owners for $100 to pay general creditors. The court upheld the assessment. As prevailing party Ocean Trail moved for their attorneys fees for 473.1...
View ArticleFormer realtor arrested for stealing buyer deposits.
RIVIERA BEACH, Fla. (CBS12) — A Riviera Beach woman was arrested Saturday after she allegedly posed as a real estate agent and stole tens of thousands of dollars in escrow deposits from a first-time...
View ArticleReplacement of locks day after lease expired ruled not to constitute a...
Tenant entered into a one-year lease for a single family home expiring on March 30, 1996. In February, Tenant advised Landlord that he would be moving out of the property at the end of the lease. On...
View ArticleAlthough house rules provided that tenant’s disconnection of electrical...
On December 5, 2005, Landlord signed a lease with Tenant which incorporated House Rules, which stated that “residents will insure (sic) that electrical power is maintained at all times in the unit....
View ArticleThe perils of options
A landlord thought he could boost revenue by having his tenants sign two year leases with an option to purchase the property within the two years. In one example the proposed purchase price was...
View ArticleMagistrate rejects claim that conversion of garage into a studio apartment is...
Petitioner converted their garage into a studio apartment with a kitchen and bathroom without permits wherein the City Code required that such residential properties have a two car garage....
View ArticleJury trial waiver in lease upheld
Contractual waivers to a jury trial are enforceable and will be upheld. Palomares v. Ocean Bank of Miami, 574 So. 2d 1159 (Fla. 3d DCA 1991) rev. denied, 587 So. 2d 1328 (Fla.1991); Cent. Inv. Assocs....
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Taking it to the mat
Landlord who failed to send tenant a claim on a $100 security deposit by certified mail within 30 days of the end of a written one year tenancy as required by §83.49 Florida Statutes, fails to...
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No liability for tenant’s dog bite absent knowledge of the dog
Torts — Premises liability — Dog bite — Landlord’s liability — where landlord had no actual or constructive knowledge that dog was being kept at leased premises landlord has no liability for dog bite...
View ArticleLandlord’s obligation to send 30 day claim on security obviated by tenant’s...
Landlord was relieved of obligation to send 30-day notice of intent to impose claim on security deposit where tenant failed to give landlord written notice of forwarding address. Any claims regarding...
View ArticleFRADULENT ENTRY OF RESIDENTIAL DWELLINGS LAW PASSED IN FLORIDA
March 2026 The Florida legislature has passed the Fraudulent Entry of Residential Dwellings law – §817.537 F.S. Providing that any person making a false statement in writing in any rental application,...
View ArticleError to grant judgment of eviction before hearing tenants motion for rent...
Landlord filed an eviction for non-payment of rent. Tenant defended with a Motion for Rent Determination arguing that she in fact had over paid the rent. Landlord filed for a default because...
View ArticleNew landlord flood disclosure requirement
Chapter 83.512 Florida Statutes Flood Disclosure – Effective 10/1/25 A landlord must complete and provide a flood disclosure to a prospective tenant of residential real property at or before the...
View ArticleSecurity Deposit: Cleaning, painting, and minor scratches to appliances...
Florida Consumer Collection Practices Act – Landlord’s wrongful withholding of part of security deposit ruled a violation FCCPA – $1000 fine, plus costs and attorney’s fees. Landlord claimed $500...
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Diamonds are forever – settlement agreements are not
Default on date beyond settlement agreement must be addressed through new eviction action In this case the parties entered into a settlement agreement requiring the payment of rent through December,...
View ArticleWhen is a non-military affidavit not required ?
Answer: when the defendant has filed an appearance, an answer, a motion, or any other response The requirement is imposed by Federal law under the “service Members Civil Relief Act 50 U.S. C. §521...
View ArticleFlorida legislature passes new unlawful entry and detainer law
New law for unauthorized entry and detainer, § 82.036 F.S. Passed and enrolled 3/6/2024 Takes effect July 1, 2024 Cast as an alternative remedy for unlawful entry and detainer, Chapter 82 of Florida...
View ArticleRestriction of foreign interests in Florida Real Property SB 264
This Florida law effective July 1, 2023 Criminalizes purchase of certain Florida real estate by certain foreign nationals and for knowing violations by sellers and title agents. Requires addendum to...
View ArticleEmotional Support Animals
Title XLIVCIVIL RIGHTS Chapter 760DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION View Entire Chapter760.27 Prohibited discrimination in housing provided to persons with a...
View ArticleFlorida Legislature bill to pre-empt local regulation of residential tenancies
House Bill 1417 proposes to preempt any local regulation of residential tenancies in Florida. Additionally the bill proposes to change the notice period for non-renewal of month to month tenancies...
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