Author Archives: Jay Butchko

Do I Have a Right to Smoke Cigarettes and Marijuana in My Rental Unit?
Typically, landlords inform tenants of a no-smoking policy or restrictions on smoking cigarettes and marijuana in a rental unit before signing the lease or rental agreement. However, does a no-smoking policy infringe upon your rights as a tenant? Do you actually have a right to smoke cigarettes and weed in your rental apartment despite… Read More »

What Damages Are Available in a Bad Faith Insurance Claim?
Insurance companies have an obligation to handle claims in good faith. It means that insurers must promptly investigate valid claims for damages and provide compensation for a covered loss. Unfortunately, not all insurers act in good faith when handling insurance claims. If you suspect that an insurance company acts in bad faith, you may… Read More »

When Can My Florida Landlord Enter My Apartment?
You have the right to privacy in your apartment. That’s why landlords must follow Florida law when entering the rental unit. Renting a property does not mean that your landlord’s right to enter is more important than your right to privacy. However, as a tenant in Florida, you are also required to follow state… Read More »

How Long Will It Take to Get a Hurricane Insurance Settlement in Florida?
If your home was damaged or destroyed by a hurricane, every passing day might seem like an enormous challenge. Obviously, you want to receive a quick and fair settlement offer from your insurance company, but that’s rarely the case. When filing an insurance claim after your property was damaged by a hurricane, you may… Read More »

How Can I Modify Alimony in Florida?
Circumstances can change unexpectedly in anyone’s life. Florida courts recognize that changes are a normal part of life, which is why they allow ex-spouses to request a modification of alimony when there is a substantial change in circumstances. If you are considering modifying alimony, you should speak with a Tampa family lawyer to help… Read More »

When Can You Bring a Lanham Act Claim Against a Competitor for False Advertising?
If you can prove that your competitor’s advertising is false, untrue, or misleading, you may be able to bring a claim under the Lanham Act. Specifically, you could sue your competitor under 15 U.S. Code § 1125 (the Lanham Act) to: Seek an injunction against the competitor’s false advertising; Recover damages; and In some… Read More »

Can a Homeowners’ Association (HOA) Prohibit Rentals?
If you own a condo or home but want to rent it out to earn some passive income, you may be wondering, “Can my homeowners’ association (HOA) prohibit or restrict rentals?” The short answer is, “Yes.” A homeowners’ association can prohibit or restrict rentals. For example, many HOAs in Florida limit the number of… Read More »

What is a Homeowners’ Insurance Appraisal and How Does It Work?
You most likely had your home appraised before purchasing it. However, home purchase appraisal and insurance appraisal is not the same thing. If you are trying to determine how much your homeowners’ insurance company owes you through the appraisal process, do not hesitate to contact an experienced Sarasota homeowners’ insurance attorney to ensure that… Read More »

My Homeowners’ Insurance Company Requests a Sworn Proof of Loss (SPOL): What Is It and What Should I Do?
If your homeowners’ insurance company requests a Sworn Proof of Loss, commonly referred to as SPOL, after you file a claim, you may not know how to respond because you don’t know what SPOL is. Submitting a Sworn Proof of Loss, or SPOL, is a fundamental part of the homeowners’ insurance claims process. When… Read More »

When Is It Time to Contact a Florida Hurricane Insurance Attorney?
Homeowners and commercial property owners in Florida know what it’s like to suffer from hurricane damage, tropical storms, and other acts of Mother Nature. Many of them also know that getting compensated for the damages through their hurricane insurance is a tedious process. Unfortunately, Floridians are no strangers to dealing with uncooperative insurance adjusters… Read More »