Category: Landlord Tenant

If you are currently going through a divorce or are contemplating a divorce, you may wonder how it may be possible to avoid an alimony award. Under Florida law, there are five types of spousal support:

Alimony is not awarded in 100% of all divorce cases in Florida. That is why it is important to understand the circumstances in which you could be able to avoid an alimony award. Speak with a Tampa alimony attorney at HD Law Partners to help you understand how you can avoid paying alimony and keep more of the money you earn to yourself.

There are five situations when you may be able to avoid an alimony award in Florida. Let’s take a look at each of them.

Under Florida law, courts will consider each party’s financial resources and earning capacity prior to awarding alimony. Thus, if you do not earn more than your spouse, you will most likely not be ordered to pay alimony unless you voluntarily quit your job or take a pay cut to avoid paying spousal support to your soon-to-be-ex-spouse.

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 the restrictions in the lease/rental agreement?

Why do landlords prohibit smoking in rental units?

There are multiple reasons why landlords include no-smoking policies in the lease agreements and prohibit tenants from smoking cigarettes and marijuana in their rental units:

Do tenants have a right to smoke tobacco/marijuana in rentals?

As a rule of thumb, no. Tenants do not have a right to smoke in their rental units. Currently, there is no state or federal law that would protect tenants’ right to smoke tobacco or marijuana in their rentals. Also, bans on smoking in the rental unit are not discriminatory since the word “smoker” is not a protected characteristic under the Fair Housing Act (FHA).

If your landlord fails to make necessary repairs or violates housing codes, you may be thinking about stopping to pay rent. But are you legally allowed to do that in Florida without facing an eviction notice?

What Are the Obligations and Duties of Your Landlord?

In Florida, landlords are legally required to comply with housing, building, health codes, laws, and ordinances. The exact duties of your landlord depend on whether you rent an apartment, home, or commercial premises.

If you live in an apartment building, your landlord is required to provide or ensure:

If you live in a standalone home, it is important to review your lease agreement. Many landlords delegate many of their duties and obligations to tenants.

What to Do if Your Landlord Fails to Make Repairs?

If your landlord violates housing codes or fails to make necessary repairs or keep the environment clean and free of hazards, you should discuss your options with a competent landlord & tenant attorney in your city.

Clarifying the Florida Supreme Court’s March Administrative Order suspending the requirement for clerks to issue writs of possession, in April, Gov. Ron DeSantis signed an executive order suspending evictions and foreclosures for 45 days (from April 2) due to the coronavirus pandemic. While landlords have been sending out eviction notices at this time, they will only be executed once the moratoriums are lifted. It is also important for tenants to note that they are still contractually obligated to pay any back rent owed; usually within five days.

Still, there appears to be confusion as to whether DeSantis’ Order only applies to residential tenants or both commercial and residential tenants. The Order specifically suspends and tolls any statute providing for:

Indicating that the order does not apply to commercial tenants.

Commercial Landlords May Still Be in Need of Creative Options If Tenants Are Having Difficulties at This Time

We’ve all had or heard our fair share of horror stories when it comes to landlord-tenant issues: renters who failed to pay rent, applicants who claimed they were discriminated against, people who claimed that they were injured on the property, etc. As a commercial landlord, there are several basic steps that you want to take before you rent to any tenants, and as attorneys who regularly help landlords with commercial leases, eviction proceedings, and other legal issues that come up, we emphasize taking these initial steps with our landlord clients, and discuss them below.

Read up on the different issues that landlords encounter and how to minimize risk, including the good, the bad, and the ugly.  This includes the full gamut of issues: how to screen potential tenants, your rights as a landlord, etc. Also try to speak with experienced landlords and learn from their mistakes, for example, the pros and cons of renting to friends.

Some of the many landlord-tenant legal issues that we deal with have to do with landlords who are ready to sell their property that is currently being rented by tenants. Below, we discuss some of the options that you as a landlord have to do so; based on what type of lease agreement you have with your tenants; and how to deal with any bumps that might come along during the process:

Month-To-Month Leases

A month-to-month lease is arguably the best situation for a landlord because you usually only have to provide between 30 and 60 days notice to your tenants. However, first and foremost, you must ensure that you abide by the terms of your lease, including any particular provisions that were put in. Not only is it the law, but being respectful and keeping your tenant(s) informed can only help you with the selling process.

That being said, make sure you also ‘dot the i’s and cross the t’s,’ and put everything in writing, including a reminder of what date their lease ends and the date by which the tenant(s) need to move out and return the keys to you.

As recently covered by the Miami Herald, the issues created by short-term rentals (as facilitated by websites like Airbnb and others) have become one of the most pressing challenges facing both homeowners and condominium associations during the last several years. Specifically, multiple legal issues have arisen from the blatant disregard of association governing documents clearly prohibiting short-term rentals.

And yet, enforcing these restrictions has proven to be extremely difficult, warranting the development of strategic legal measures to address them. This is particularly of concern in Florida, which is one of the top home-sharing markets in the country due to the number of tourists that come through the state on a regular basis.

In response, a number of Florida municipalities are now adopting stringent restrictions and regulations. For example, Miami Beach allows for some short-term vacation rentals in certain zoning districts, but bans them outright in all single-family homes and in some zoning districts. Recently, fines were also raised to $20,000 for first-time violations of these restrictions.