All Florida landlords should read and understand the state’s landlord-tenant laws found in Chapter 83 of the Florida Statutes. A part of the law that contains pitfalls and has historically caused problems for investors is 83.49. This subsection covers tenant security deposits and the rules governing how landlords may hold and refund deposits following the […]
Widerman Malek Law Blog
Can you Sue your Landlord?
Florida backs up renters by giving them the opportunity to sue their landlord if they are not being treated right. Now this does not mean that you can sue your landlord because you are unhappy with the amount of rent that he is charging or the color of the furniture he put in the apartment […]
The Wild World of Discovery…What Can’t They See?
No matter how hard TV shows try, they are just not the reality they portray. Prime example is law related shows. First you have the crime or the incident and then you are in trial, the most exciting part. But what happens in the middle can be the deciding factor whether your case survives, settles, or […]
Oral Modifications to Written Lease/Rental Agreements: Are They Valid? Vol. 1
I have been approached lately with the issue of oral modifications made outside the main written lease/rental agreement and what impact they have on the lease/rental agreement. Are they valid? Are they enforceable? If the landlord doesn’t live up to his end of the oral modification, do I have any recourse? What do I do? […]
Construction Liens, Landlords, and Tenants
Construction Liens, Landlords, and Tenants
A landlord can be liable for a construction lien (or mechanics’ liens) if the landlord fails to take proper precautions or fails to timely respond to a contractor or other lienor. An “owner” must sign the notice of commencement for construction or improvements to begin on a premises.
Business & Asset Protection
Customizing Your Documents After your business entities are in place, or your business foundation is laid, your lawyer can begin drafting numerous customized legal documents, such as the entities’ bylaws, operating agreements, or other types of documents that govern both the interactions and operations of the properly selected and formed entities to best meet your […]
Will a Tenant get their security deposit?
By: J. Mason Williams IV I have been asked several times whether a person can get their security deposit back. Often times, they tell me that they cleaned everything up and the landlord still won’t give them their deposit back. Why not and what can I do? Well, first you have to review your […]
Florida Residential Eviction: The Process
Prologue: The First Step is Denial. Your tenant missed a few rent payments. You’ve been reasonable, and given them some time to scrape the money together. At some point, enough is enough. After all, you have mortgage payments to make. In my experience, when a landlord lets a tenant get away with missing rent payments, […]
Do you always have to pay rent?
The short answer is no, you don’t always have to pay your rent, but the circumstances that allow you to make partial payments, or to stop paying altogether are very limited. In short, generally you need to pay your rent. You might win a case and get that rent returned or get something fixed, but […]
