HD Law Partners Blog

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 laws and allow your landlord to enter your apartment when proper notice has been given for repairs or to handle general maintenance or emergency issues.

As a tenant or landlord in Florida, it is critical to know your rights and duties to understand when a landlord can legally enter the rental unit. Speak with our Orlando landlord-tenant attorney at HD Law Partners to review your situation.

Fla. Stat. § 83.53 provides that landlords must notify their tenant of their intention to access the rental unit at least 12 hours before the entry. After the receipt of the notice, the landlord can enter the rental apartment from 7.30 a.m. to 8.00 p.m.

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 wonder how long it will take to receive the settlement offer and get compensated for your damages and losses.

If your insurance company does not respond to your hurricane claim or refuses to make a fair settlement offer, do not hesitate to speak with an experienced hurricane insurance attorney in Fort Myers. Schedule a free consultation with our knowledgeable lawyers at HD Law Partners to discuss your case.

Hurricane deductible and its role in the timeline of your insurance claim

A hurricane deductible plays a major role in the timeline and outcome of your insurance claim in Florida. Insurance companies often require their policyholders who live in high-risk areas to pay a hurricane deductible, which is a certain amount that must be paid out of pocket before the insurer covers the policyholder’s hurricane-related damage.

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 you understand your rights and options, whether you are the payor or supported spouse.

Alimony types and restrictions for modification

Florida law allows parties to modify certain – but not all – types of alimony following a divorce. Pursuant to Section 61.08, Florida Statutes, Florida law recognizes the following types of spousal support:

Each of them has unique rules and restrictions for modification. Whether or not you can modify your alimony award depends on the type of spousal support and the circumstances that made you want to request a change.

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:

If your competitor has engaged in false advertising, contact a Tampa business attorney at HD Law Partners immediately.

Your competitor may violate the false advertising section of the Lanham Act when it uses any oral or written statements that are likely to mislead consumers in an attempt to influence their buying behavior.

The following types of advertisement can contain false or misleading advertising:

Also, you can sue your competitor under the Lanham Act if they use trademarks that confuse or deceive consumers.

In order to bring a false advertising claim under the Lanham Act, you must establish the following elements:

If you prevail in your false advertising claim under the Lanham Act, you can obtain an injunction preventing your competitor from continuing to use or spread false advertising.

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 leases per year or impose mandatory waiting periods before a homeowner is allowed to rent their unit.

If you are having disputes with your HOA or COA regarding rentals, you should contact our Tampa homeowners’ association attorney at HD Law Partners to discuss your particular situation.

Can HOAs prohibit rentals in Florida?

Generally, yes. Homeowners’ associations can either create rental restrictions or prohibit homeowners from renting out their units. However, under Florida Condominium Law, homeowners’ associations cannot amend their governing documents – known as a Declaration of Covenants, Conditions, and Restriction – unless at least two-thirds of the members approve the new measure.

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 all of your damages and losses are taken into account when determining the value of your insurance claim.

Basically, the insurance appraisal process refers to the valuation of your insurance claim. Insurance companies use an appraisal to determine the value of the policyholder’s losses.

Both the insurer and the homeowner hire an independent and neutral appraisal to determine a fair settlement offer.

Your insurance company saying that your damages or losses are covered under your homeowners’ insurance policy is half the battle. There is no guarantee that your insurer’s settlement offer will reflect the full scope and extent of your losses.

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 you submit a SPOL and what information you provide in this legal document can affect the outcome of your insurance claim.

For this reason, it is important to understand what Sworn Proof of Loss is and contact an Orlando homeowners’ insurance attorney if your insurance carrier requested a SPOL.

Basically, a Sworn Proof of Loss is a statement that you are required to make under oath to your homeowners’ insurance company. In the SPOL, the claimant must detail the damages they sustained as a result of a covered loss (e.g., hurricane damage).

A SPOL is an affidavit that you submit to your insurance company. As you can guess, the information you provide in this statement could be used against you to undervalue or deny your homeowners’ insurance claim. For this reason, you should ensure that your SPOL is accurate, complete, submitted promptly, and does not contain any incorrect information.

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 or insurance companies that delay, undervalue, or deny hurricane insurance claims.

If this sounds like you, you should seek help from a hurricane insurance attorney in Florida to help you obtain the compensation you deserve to repair your damaged home or business property and replace damaged or destroyed items.

Do not hesitate to speak with a Fort Myers hurricane insurance attorney at HD Law Partners to discuss your options. Every minute counts.

Often, homeowners and business owners in Florida complain that their insurance company is delaying the claims process by:

If you carry homeowners’ insurance, you probably expect your insurer to pay for any covered damages to your property, including fire, theft, wind, flood, and others. However, you may be surprised to find out that your homeowners’ insurance claim has been denied.

What should you do when your insurance company denies your homeowners’ insurance claim in Florida? Should you dispute the denial yourself or contact a Tampa homeowners’ insurance attorney to appeal the insurer’s decision?

Insurance companies routinely deny homeowners’ insurance claims or attempt to undervalue claims filed by policyholders. If you have been paying your insurance premiums consistently and on time for many years, you probably expect your insurer to fulfill its obligations. However, you need to keep in mind that insurance companies are never on your side.

Often, insurers put their own profits ahead of their policyholders’ best interests. As a result, your homeowners’ insurance claim can be denied or severely undervalued simply because the insurer is trying to increase profits. When an insurance company fails to keep its promises, you may grounds for an insurance bad faith lawsuit.

The State of Florida is no stranger to hurricanes that leave behind a path of destruction. Catastrophic storm surges and extreme winds and flooding can cause millions or billions of dollars in property damage.

If you are a homeowner who has suffered extensive property damage due to a hurricane, there are things you can do to maximize your settlement when pursuing a hurricane insurance claim.

How to Maximize Your Hurricane Insurance Claim Settlement?

If you suffered the destructive power of a hurricane in Tampa, Orlando, Fort Myers, or other parts of Florida, follow these five tips to maximize your settlement when filing a hurricane claim with your insurance company:

What to Do if the Insurance Company Acts in Bad Faith?

If you believe that your insurance company acts in bad faith when handling your hurricane insurance claim, do not hesitate to contact an insurance bad faith attorney to fight back and protect your legal rights.