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DEFECTIVE CONSTRUCTION

By Daniel M. Copeland |

Notice of Defect Procedure Prior to Arbitration or Suit            This procedure applies only to claims for damages or loss of property by an alleged construction defect.  The law requires that before filing an action, a claimant must serve written notice on the contractor, subcontractor, supplier, or design professional describing the claim in reasonable… Read More »

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CAN A HOMEOWNERS’ ASSOCIATION OR CONDOMINIUM ASSOCIATION FORECLOSE ON MY PROPERTY?

By Daniel M. Copeland |

If you live in a house, townhome or condominium that’s part of a common interest community in Florida, more than likely you have a responsibility to pay dues and assessments to the homeowners’ association (“HOA”) or condominium association (“COA”).  If you do not pay these dues or assessments, you could be at risk for… Read More »

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WHO CAN FILE AN EVICTION ACTION?

By Daniel M. Copeland |

You have a problem tenant who refuses to pay rent or follow the lease, and now it’s time to evict. Before starting the eviction process, there is an important issue to consider: Who has the right to file an eviction in Florida? Under the law, the following parties may bring an eviction action: Property… Read More »

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Eviction Action – 3 Day Notice for Non-Payment of Rent – Condition Precedent

By Daniel M. Copeland |

You can be evicted if you do not pay your rent. It’s simple, “you pay you stay and you don’t you go.” Your landlord must, by law, first follow several specific steps prior to filing an eviction action with a court of competent jurisdiction. The first step must be to give you a 3-day notice for non-payment of rent. The 3-day… Read More »

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Landlord Legal Responsibilities in Florida

By Daniel M. Copeland |

Renting property in Florida entails many legal responsibilities; such as how you pick your tenant(s) to when and how you return a security deposit or make a claim on it.  If a landlord does not know the law, it can cost them time and money.  Let’s say for example, you decide that since your… Read More »

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Does Your Florida Lease Meet the State Requirements?

By Daniel M. Copeland |

For the landlord and the tenant, the rental agreement or lease that is signed by the parties sets out the contractual basis of the relationship and is full of crucial business details, such as how long the tenant can occupy the rental property; the amount of the rent that will be charged and the… Read More »

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Has A Construction Lien Been Filed Against Your Property?

By Daniel M. Copeland |

Florida’s construction lien laws provide property owners with relief from a lien on their property in two different ways: 1) The first allows property owners, typically owners of large commercial or condominium properties, to exempt their property from liens by requiring the contractor to post a payment bond prior to project initiation; 2) The… Read More »

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Does a Contractor or Subcontractor Need a Subcontractor Agreement?

By Daniel M. Copeland |

As a successful general contractor, a subcontractor is more than likely an integral part of your business.  Contractors and subcontractors work hand-in-hand to complete construction projects. The contractor, often referred to as the “prime”, acts as the manager of the project, serving as the central point of communication and as the overall coordinator. It… Read More »

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PARTITION ACTION

By Daniel M. Copeland |

WHAT IS A PARTITION ACTION?  A partition action allows two (2) or more people who typically own real property together to ask the Court to separate the property when they cannot agree about what to do with the property. Partition actions are common in estate planning when a property owner devises property equally to several… Read More »

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There is a Last Will & Testament. What’s next?

By Daniel M. Copeland |

Formal Administration: One of the primary purposes of probate is to ensure that the decedent’s debts are paid in an orderly fashion. In a formal administration, the personal representative must use diligent efforts to give actual notice of the probate proceeding to “known or reasonably ascertainable” creditors; this notice is required to be published.  This gives… Read More »

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