Monthly Archives: August 2021
When Does A Landlord-Tenant Relationship Exist Under Florida Law?
Florida law provides various protections for both landlords and tenants in a rental relationship. Of course, this assumes a landlord-tenant relationship exists in the first place. In most cases, this is easy enough to prove–a landlord signs a written lease with the tenant. But there are situations where the existence of a landlord-tenant relationship… Read More »
Can A Mortgage Foreclosure Sale Be Unwound After It Is Final?
If the mortgage lender forecloses on your home and auctions off the property, your options for “unwinding” the sale are quite limited under Florida law. Section 702.036 of the Florida Statutes–known as the Finality of Mortgage Foreclosure statute–protected bona fide third party purchasers from challenges to their title to the foreclosed property. Outside of… Read More »
How COVID Moratoriums Do Not Protect Against All Eviction Actions
The COVID-19 pandemic created a lot of legal issues for residential landlords and tenants alike. In July 2020, the governor of Florida issued an executive order that suspended all eviction proceedings arising from “non-payment of rent” by a tenant “adversely affected” by the ongoing emergency. That order expired on October 1, 2020. Separately, the… Read More »