Commercial landlords and property managers should be familiar with Florida Statutes § 713.10, when it comes to protecting a property from the liens arising from work done to the property by a tenant. Recent case law illustrates what other protective measures can be taken by a landlord or property manager when it comes to improvements by tenants, especially if those improvements are required under the lease or if said improvements constitute the “pith of the lease.” 14th & Heinberg, LLC, vs. Henricksen & Co., Inc., 877 So.2d 34 (Fla. 1st DCA 2004)
4th District Court of Appeal rules for Landlords
The 4th District Court of Appeals, covering Broward, Palm Beach, St. Lucie, Martin, Indian River, and Okeechobee Counties, has ruled on a long standing disputed point of law in Broward County. The question: “Whether a tenant claiming a defective or non-existent three-day notice is a residential eviction is required to tender undisputed rent into the court registry as set forth in Florida Statute § 83.60(2) in order to defend the action based on the defective or non-existent three-day notice.” The ruling: “We answer the question in the affirmative and affirm the decision of the County Court.” Myron Alphesus Stanley, Jr. vs. Quest International Investment, Inc., 2010 WL 4861722 (Fla. 4th DCA 2010).
4 Steps to a Simple Estate Plan
A bit of planning now can save countless heartaches later. It doesn’t surprise me to learn that nobody seems to want to plan for the inevitable. However, making a complete estate plan is necessary to avoid unintended results and unnecessary expenses after your passing. While it is true that the Legislature has “intestacy laws” in place that control an individual’s estate should they pass without a will or other estate plan, it is usually a vast departure from what our clients expected. The good news is that making a simple (and comprehensive) estate plan is easily accomplished. Follow these 5 simple steps to prepare your simple state plan:
Common Mistakes by Lawyers
by Thomas Oates, Director, Broward County Bar Association Published in the Barrister, August 2010 Edition, Broward County Bar Association August 19, 2010, the Young Lawyers Section of the Broward County Bar hosted their Judicial Panel Luncheon with Judges Imperato, Luzzo, Lynch and Rothschild. The four judge panel each spoke on the topic, “Common Mistakes by Lawyers.” The well attended event …
Residential Tenant Evictions
Link: Read more about this firm’s eviction services The most important precaution Landlords have against bad tenants is to obtain a rental application with the tenant’s identity before handing over the keys. Verifying the information and running a background check will ensure the renter is not a habitual deadbeat tenant. After the rental term has begun, be swift with the appropriate …