Recent Blog Posts
Does a Florida Landlord Have to Explicitly Notify a Tenant of a Breach?
Residential and commercial leases typically contain detailed language specifying what will happen in the event of a default or breach by either the tenant or the landlord. It is crucial for both sides to understand and follow any notice requirements of such language precisely. Do not assume that the other party “knows what you… Read More »
Can You Withhold Rent for Repairs in Florida?
In Florida, there is a set of rules governing rental relationships under the Florida Residential Landlord and Tenant Act. The Act outlines what landlords must provide and what tenants must do in return. One of the protections this Act offers tenants is the right to safe, habitable housing. And that protection applies regardless of… Read More »
What Can You Do if You Believe a Parent Was Pressured Into Changing Their Will?
Sometimes, a parent’s Will surfaces after their death, and the details in it leave everyone stunned. Long-standing plans may have changed overnight, heirs may have been left out, or a new beneficiary may suddenly appear. When this happens, grief can quickly mix with confusion and suspicion. While people are free to distribute their assets… Read More »
How “Presumption of Testamentary Capacity” Impacts Florida Will Contests
A key legal hurdle to successfully contesting a will in Florida probate litigation is what the courts refer to as the presumption of testamentary capacity. Florida law requires a person making a will (i.e., the testator) be of “sound mind” at the time of execution. This is also known as “testamentary capacity.” Critically, the… Read More »
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 »
