Monthly Archives: February 2026
Residential vs. Non-Residential Leases: How Florida Law Differs With Respect to Security Deposits
Security deposits are a common feature of many Florida real estate lease agreements. The primary function of a security deposit is to ensure the tenant abides by the terms of their lease. The landlord may subsequently deduct certain amounts from the security deposit to cover various breaches of the lease, such as unpaid rent… Read More »
Can a Defective Deed be “Cured” in Florida?
Florida law imposes specific requirements for executing deeds transferring title to real property. For example, the deed must state the identity of all grantors and grantees (i.e., the persons transferring and receiving ownership, respectively). It must contain an accurate legal description of the property conveyed. And it must have the notarized signatures of the… Read More »
Can My Real Estate Broker Sue Me If I Reject an Offer on My House?
Many South Florida homeowners use real estate brokers when selling their property. This typically involves the homeowner signing a listing agreement with the broker. This agreement authorizes the broker to legally represent the seller. It will also spell out any terms or conditions the parties agreed to, such as the broker’s commission rate if… Read More »
Can You Seek “Windfall” Damages in a Florida Breach of Contract Lawsuit?
Commercial lease agreements often require a tenant to restore the leased property to its original condition at the end of the lease term. If a tenant fails to do so, the landlord may be able to recover the costs of performing the restoration itself through a breach of contract claim. That said, Florida courts… Read More »
What Creditors Get Paid from a Florida Probate Estate?
When a person dies, they often leave unpaid bills. The decedent’s probate estate is responsible for paying those bills from the available assets of the estate. This requires creditors to present a valid claim to the personal representative or administrator of the estate. And even then, there may not be sufficient assets to pay… Read More »
What Are the Legal Rights of Tenants in a Florida Partition Action?
In Florida, a partition action is a legal proceeding used to sell real estate when there are multiple co-owners who cannot agree on how to manage the property. Partition actions often arise in the context of probate litigation. For example, if multiple siblings inherit a parent’s home and they disagree on whether or how… Read More »
What Notice Must a Florida Condo Association Give Before Foreclosing on a Unit Owner?
Owning a condo in Florida means paying periodic fees to the condominium association for the maintenance of essential utilities, common areas, and amenities. If a unit owner fails to pay these fees, they are in breach of the condominium association’s bylaws, which is a binding legal contract between the association and the owner. And… Read More »
Can You Challenge a Florida Life Insurance Beneficiary Designation Based on Undue Influence?
There are many kinds of assets that pass outside of the Florida probate process. One common example is life insurance. Typically, the death benefit of a life insurance policy is paid to a named beneficiary upon the death of the insured. The insured may, however, choose to alter the beneficiary during their lifetime, typically… Read More »
