Category Archives: Landlord Tenant
What to Do if My Landlord Refuses to Return a Security Deposit?
Most landlords require a security deposit in addition to the first month’s rent. While collecting a security deposit, which is a refundable sum of money, is standard practice when renting apartments, houses, or commercial properties in Florida, there are instances when landlords refuse to return a security deposit after a tenant moves out. If… Read More »
Can You Sue a Landlord for Discrimination When Screening Tenants?
If you think that your prospective landlord discriminated against you when “screening” you or reviewing your application, you could sue them for discrimination in housing. Landlords can legally screen potential tenants, but they must follow all applicable federal, state, and local discrimination laws. If you believe that your landlord discriminated against you, consult with… Read More »
How Can I Get Out of a Lease Without Penalty?
Most lease agreements are signed as fixed-term rental leases. The lease states the duration of the tenancy, which is usually one year. Moving out or getting out of a lease before the expiration of the fixed term may lead to serious consequences, such as continuing to pay rent due until the end of the… Read More »
Florida’s Eviction Moratorium Is Expiring & CDC’s Federal Eviction Moratorium in Question: What Options Will Tenants Pursue?
With Florida’s eviction moratorium expiring and Paycheck Protection Program funds running out, more and more tenants are finding that they cannot pay rent and turning to other options, such as the Centers for Disease Control and Prevention (CDC)’s federal moratorium and/or declaring bankruptcy, which halts eviction proceedings. Still, both commercial and residential eviction filings… Read More »
Department of Housing and Urban Development, Fannie Mae, Florida, And Freddie Mac Extend Eviction & Foreclosure Moratorium Through End of 2020
The history of COVID-19 moratoriums on evictions and foreclosures at both the state and federal level has been confusing, and led many to consult with landlord-tenant and foreclosure defense attorneys in order to understand what to expect and ensure that they are legally protected. Below, we discuss the latest developments at the state and… Read More »
Florida Gov. DeSantis Extends Moratorium On Evictions & Foreclosures, But Is It Clear Enough to Avoid Legal Battles?
On July 29, Florida Gov. Ron DeSantis extended the moratorium on evictions and foreclosures until September 1 due to the COVID-19 pandemic, extending his original Executive Order (20-94) to ensure that relief is provided to single-family mortgagors and residential tenants (i.e. excluding commercial tenants) who are affected by the pandemic. DeSantis’ extension specifically suspends… Read More »
Avoiding Commercial Landlord-Tenant Litigation During This Difficult Time
There is no question that COVID-19 has created significant tension between a number of commercial landlords and tenants, especially given the number of businesses that had to close and, as a result, may have difficulty paying rent or may otherwise find themselves violating their leases. While Florida Governor Ron DeSantis and the Florida Supreme… Read More »
Moratoriums On Eviction & Foreclosure in Florida: How This Affects Lease Negotiations
In March, the Florida Supreme Court issued an administrative order dictating that the requirement for clerks to issue writs of possession would be suspended through April 17, 2020, or as provided by a subsequent order, which has since been extended through June 30, 2020 and may be extended further. In addition, due to the… Read More »
Bill in Florida Proposes Changing Rules Surrounding Emotional Support Animals in Landlord-Tenant Context
Florida House Bill 209 addressing landlords’ ability to regulate tenants’ need to have emotional support animals with them was proposed in January, and could very well come into conflict with the requirements set forth in the federal Fair Housing Act. Specifically, the bill would allow landlords to demand proof that pets are used for… Read More »
Selling Tenant-Occupied Property & Associated Business Transactions
Selling rental properties involves a number of areas of the law, including business transactions and landlord-tenant issues. Below, we discuss the importance of balancing your right to sell your property with ensuring that you also abide by the terms of the lease and any tenant agreements you entered into, and discuss other options you… Read More »