Category Archives: Landlord Tenant
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 »
Federal Court Says Landlords Must Actively Protect LGBTQ Tenants from Harassment
In late August, a federal appeals court ruled that landlords must protect LGBTQ tenants from harassment by other tenants under the Fair Housing Act (Act). The case involved a 70-year-old living in a senior living center, who suffered both verbal and physical harassment from other residents, who proceeded to hurl homophobic slurs, spat on… Read More »
What Can Commercial Landlords Expect In 2018?
When it comes to agreements and disputes between commercial landlords and tenants, there are certain changes—along with the issue of more and more tenant bankruptcies—that commercial landlords should be prepared for. For one, the digital transformation is forcing landlords to evolve in order to meet a new set of tenant demands. In addition, more… Read More »
Commercial and Residential Security Deposit Disputes in Florida
Security deposits are important to both landlords and tenants. They protect the landlord if the tenant causes damage to the property or otherwise violates the rental agreement, and for the tenant, they are typically a substantial amount of money – typically equivalent to one and a half or two months’ rent. It is important… Read More »