Author Archives: Jay Butchko
Florida’s Governor Extends Moratorium on Evictions and Foreclosures
EXECUTIVE ORDER 20-180 (July 29, 2020): Florida Gov. Ron DeSantis signed Executive Order 20-180 extending Executive Order 20-94, as amended, on Wednesday, July 29, 2020, extending a moratorium on evictions and foreclosures until 12:01 a.m. September 1, 2020. It is important to note that EO 20-180 does NOT suspend or otherwise affect eviction proceedings… Read More »
HOA’S Power to Record a Lien Against a Property
An HOA’s right to record a lien, and to foreclose on an unpaid lien, is perhaps the most powerful tool a homeowners’ associations has to enforce an assessment obligation. HOA’S Power To Record a Lien Against a Property An HOA’s lien is a claim for money owed to them pursuant to their assessment; the… Read More »
UPDATE Can My Landlord Evict Me For Non-Payment of Rent During the Pandemic?
On June 1, 2020, Florida Governor Ron DeSantis issued Executive Order 20-137, extending Executive Order 20-94, as extended by Executive Order 20-121, until 12:01 a.m. on July 1, 2020. As you may recall, Executive Order 20-94, suspended and tolled any Florida Statute that would allow a landlord to evict a residential tenant for non-payment of rent. It… Read More »
Can My Landlord Evict Me During the Pandemic?
Last week, Florida Governor Ron DeSantis extended Executive Order 20-94, which suspended and tolled any Florida Statute that would allow a landlord to evict a residential tenant for non-payment of rent to June 2, 2020. The original executive order was set to expire on Sunday, May 17. It is important to note that nothing… Read More »
CAN A PROPERTY MANAGER FILE AN EVICTION?
Evictions are inevitable part of the property management business. However, an eviction action should be handled by an experienced landlord-tenant attorney, but some property managers do not see the benefit, or they do not want to pay an attorney to handle the matter. In Florida, the law ONLY allows for a property manager to… Read More »
What Do I Do, My HOA Sent Me a Demand to Mediate?
Fortunately, the Florida Statutes has a provision that provides for a procedure to attempt the resolution of a dispute with your homeowner’s association (“HOA”) prior to either side filing a lawsuit. Under section 720.311(2)(a), Florida Statutes, “Disputes between an association and a parcel owner regarding use of or changes to the parcel or the common… Read More »
Do I need a Last Will & Testament in Florida?
A Last Will & Testament lays the framework for how you want to distribute your assets upon your death. Many people believe that if they do not have a Last Will & Testament their assets will be taken by the state. This is not true. Florida has a default for individuals built into the Florida Statutes…. Read More »
ABANDONED PROPERTY AFTER TENANCY IS TERMINATED
After a tenancy has been terminated or expired, and the premises have been vacated by the tenant through surrender, abandonment, or otherwise, a landlord may find themselves in possession of abandoned personal property which remains on the premises. Although a landlord may be tempted to immediately sell or dispose of the abandoned property, they… Read More »
Are You Starting Construction?
PROPERTY OWNER • Notice of Commencement (NOC) — The first step when starting a construction project is the recording of an NOC. This is a document that announces that the owner will be improving the specified property. The NOC includes the property’s legal description and owner’s name, the name of the general contractor, a general description of… Read More »
WHAT IS A LADY BIRD DEED?
A lady bird deed (also known as an enhanced life estate deed) can be used as an effective estate planning tool to allow a homeowner to live in their home for the rest of their lives, while maintaining their homestead exemption. The lady bird deed does not transfer the property until the homeowner’s death;… Read More »
