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Category Archives: Landlord Tenant

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Florida Governor’s Order Clarifies Eviction & Foreclosure Suspension, But Does Not Apply to Commercial Tenants

By HD Law Partners |

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… Read More »

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Proposed Legislation in Florida Would Alter Requirements for Commercial Landlords When It Comes to Emotional Support Animals

By HD Law Partners |

Florida lawmakers are currently considering a bill that would affect a number of commercial landlord and tenant issues by addressing the ability for tenants to keep emotional support animals. Specifically, while it would prohibit landlords from charging more for emotional support animals, it would also allow them to ask for proof and hold a… Read More »

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Where Unpaid Homeowners’ Association Dues & Foreclosure Meet

By HD Law Partners |

As Florida attorneys who provide legal representation to homeowners’ associations (HOA), while also representing those affected by a foreclosure proceeding, the issue of homeowners’ associations foreclosing on homes over unpaid fees can be a challenging one that affects more people than you realize; especially since some 30 to 40 percent of the country lives… Read More »

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Understanding CAM Charges Is Essential for Florida Commercial Landlords

By HD Law Partners |

As commercial landlord and tenant attorneys who help ensure that landlords have enforceable commercial leases and experienced counsel to help with any disputes, one of the issues that we frequently assist landlords with here in Florida are common area maintenance, or “CAM” charges. These charges have a significant impact on the property’s net operating… Read More »

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Court Allows Tenant Harassed by Another Tenant to Hold Landlord Liable

By HD Law Partners |

An important landlord and tenant case decided in December could have an effect on landlords around the country. The court specifically held that landlords can be held liable under the Fair Housing Act if they fail to reasonably address tenant race discrimination from other tenants. This is the first time the law has been… Read More »

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Take These Steps Before You Rent Your Property to Any Tenants

By HD Law Partners |

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… Read More »

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When Commercial Tenants Fail to Pay Rent

By HD Law Partners |

As commercial landlord and tenant attorneys, we frequently have clients approach us asking about how to handle a commercial eviction proceeding for tenants who have failed to pay rent. Commercial property lawyers can be especially helpful in not only helping you draft the right commercial lease before your tenants move in so that you… Read More »

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If You Are a Landlord Seeking To Sell Your Tenant-Occupied Property

By HD Law Partners |

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… Read More »

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Homeowners’ Associations & Exterior Changes

By HD Law Partners |

On July 6, the Washington Post featured an important article on homeowners’ association rules governing exterior changes, and why it is important that they be followed. Many owners ignore processes put in place by an association’s architectural control committee, even though the association’s declaration of covenants requires advance approval before additional or changes can… Read More »

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When Homeowners’ And Condo Associations Have To Litigate Over Construction Defects

By HD Law Partners |

Unfortunately, homeowners’ and condo association lawsuits against Florida construction companies and developers for construction defects and other abuses (breach of implied warranties, negligence counts, violation of minimum building codes, etc.) are far too common. In June, when the “Loft 2” condominium in downtown Miami was constructed with some serious flaws—such as defects in the… Read More »

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