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LandlordT1

CAN A PROPERTY MANAGER FILE AN EVICTION?

By Daniel M. Copeland |

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 »

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Lit3

What Do I Do, My HOA Sent Me a Demand to Mediate?

By Daniel M. Copeland |

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 »

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WillDocument

Do I need a Last Will & Testament in Florida?

By Daniel M. Copeland |

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 »

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Legal14

ABANDONED PROPERTY AFTER TENANCY IS TERMINATED

By Daniel M. Copeland |

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 »

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ConstProject

Are You Starting Construction?

By Daniel M. Copeland |

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 »

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ElderLaw5

WHAT IS A LADY BIRD DEED?

By Daniel M. Copeland |

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 »

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LandTenant

My Landlord Filed An Eviction Action for Non-Payment of Rent

By Daniel M. Copeland |

In Florida, pursuant to Florida Statute Section 83.232, tenants must pay rent into the court’s registry during an eviction case.  If the tenant does not pay the rent due, they may lose the eviction case by “default.”  That means a default eviction judgment is entered against the tenant quickly, without a hearing or an… Read More »

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LegalLaw

DEFECTIVE THREE (3) DAY NOTICE’S EFFECT ON EVICTION COMPLAINT

By Daniel M. Copeland |

Prior to July 1, 2013, if a landlord filed an eviction action with a defective three (3) day notice, the eviction was subject to be dismissed with prejudice.   However, an amended statute, §83.60(1)(a), Florida Statute, went into effect on July 1, 2013. The amended statue requires that “[t]he landlord must be given an… Read More »

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Lawyer4

DO YOU REALLY WANT A RENT TO OWN CONTRACT FOR REAL PROPERTY?

By Daniel M. Copeland |

Prior to entering into a “rent to own” agreement with your tenant, you may want to think twice.  In a recent landlord/tenant case (Harner v. Carter, Case No. 2014 32269 COCI (Fla. 7th Jud. Circuit, Volusia County) the Court explained that “eviction is not the appropriate remedy where the occupant of the property has equity… Read More »

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Forec5

What is a Foreclosure Deficiency Judgment?

By Daniel M. Copeland |

A deficiency judgment refers to a mortgage lender’s judgment against the borrower for the difference between the outstanding balance of the mortgage note, plus costs and attorney’s fees, and the value of the property foreclosed.  For purposes of calculating the amount of deficiency liability, the foreclosed property “value” is the fair market value on the date… Read More »

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