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FREC DISCUSSES REAL ESTATE AGENTS’ ROLE IN SHORT SALE PROCESS
FREC met last week to discuss short sale transactions and Real Estate licensees’ role in the process. They were looking at the potential impact of the loss mitigation process on Realtors. They...
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Court rules seller and broker have duty to disclose defects which are not...
Fraudulent inducement – Real property sale — Action against seller and realtors by purchaser who discovered a week after closing that property was subject to fines based on three-page list of code...
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Chicken and the Egg Revisited
Motion for default based on tenant’s failure to respond to eviction complaint within five business days and deposit monies into court registry is denied where tenant filed motion to dismiss due to...
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Defendant entitled to attorney’s fees on voluntary dismissal
Where the landlord filed an eviction and the tenant responded with defenses though legal counsel, and the landlord filed a voluntary dismissal, the tenant is entitled to recover his attorney’s fees...
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8 Things You Must Do Before Renting Out a Room In Your House
Renting out a room in a home you own is a great way to bring in some additional income, which can help with a mortgage, remodeling you want to do to your property, or saving for retirement. But there’s...
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Notice of voluntary dismissal of only one of two counts is a legal nullity
The landlord filed a two-count eviction action against tenant for possession and for money damages. The tenant filed a motion to dismiss. Two days before the hearing on Defendant’s motion to...
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Non-attorney eviction service gets jail time
Plaintiff’s Agent, the manager of a real estate office, called the Plaintiff and offered his services to the Plaintiff, to evict the Defendants from the Plaintiff’s property, apparently for a fee....
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Law Grad may not file pleadings until admitted to bar
On July 24, 2012, Defendant, through his attorney, filed his motion to dismiss an eviction alleging this Court lacks jurisdiction over this particular eviction because the complaint fails to state a...
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Roommate Troubles
A roommate cannot sue her fellow roommates for unlawful eviction. Plaintiff shared an apartment with two other roommates, defendants. The lease was signed by the father of one of the defendants and...
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Get paid $50 for taking a survey
EZ Landlord Forms will give you a $50 Amazon Gift Card for reviewing their website. This is not a trick or a gimmick ! EZ Landlord forms offers State Specific Leases and Landlord Forms. Basically you...
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Landlord’s reasonable efforts to repair
In a case of rodent infestation, the court ruled that where the landlord had made a reasonable effort to exterminate, but was unsuccessful , the tenant was not entitled to withhold the rent....
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2012 in review
The WordPress.com stats helper monkeys prepared a 2012 annual report for this blog. Here’s an excerpt: 4,329 films were submitted to the 2012 Cannes Film Festival. This blog had 54,000 views in 2012....
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Landlord who changed locks day after lease expiration not guilty of...
Landlord and tenant entered into a one year lease ending March 30, 1996. In February, tenant indicated that he was not renewing the lease and would be moving out at the end of the lease term, and...
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IRS Audit After Improperly Including 1099 on Tax Return
Here is a post from a colleague of mine, Attorney Hilton Wiener, concerning the pitfalls of incorrectly reporting the results of a short sale on your tax return: The following is an excerpt of an...
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Unauthenticated allonge to note constitutes issue of material fact precluding...
Where original note was not endorsed, allonges were not dated and were never offered into evidence or otherwise authenticated, and plaintiff offered no admissible evidence to establish that allonges...
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Provision in residential rental agreement waiving requirement that landlord...
Landlord submitted to the Court an addendum to the rental agreement in the form of a notarized affidavit signed by the Tenants in which the parties agreed that “if the tenant does not pay on a timely...
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Purchase is subject to pre-existing lease
Tenants signed a lease for a residential property from November 1, 2000 and ending October 31, 2001. The owner sold the property in December 2000. The new owner tendered a new lease for the tenants...
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EX COP GETS JAIL TIME FOR FORGED LEASE
Plaintiff landlord filed an eviction on November 1, 2012 and filed a lease with his eviction complaint. During the hearing the landlord argued vigorously that Tenants had violated a particular...
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To post, or not to post, that is the question
The QUEST INTERNATIONAL INVESTMENT, INC., vs. STANLEY, (16 Fla. L. Weekly Supp. 586b) debate as to whether the court is required to enter a default if the tenant fails to post the rent within five...
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Court rules that a liquidated damages clause must appear in both the lease...
The landlord and tenant executed a standard Florida bar lease which does not provide for liquidated damages. The parties also executed a liquidated damages addendum to the lease providing for...
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