This Florida law effective July 1, 2023 Criminalizes purchase of certain Florida real estate by certain foreign nationals and for knowing violations by sellers and title agents. Requires addendum to purchase and sale contract and buyer affidavit of compliance. Click below to download the documents in Word. ADDENDUM BUYER AFFIDAVIT PERSONAL BUYER AFFIDAVIT ENTITY 692.201: Definitions (2) Critical infrastructure: Chemical manufacturing, refinery, power plant,  LNG terminal, telecommunications central switching office, gas processing plant, seaport, Spaceport, airport. (3) Foreign country of ..read more

Title XLIV CIVIL RIGHTS Chapter 760 DISCRIMINATION IN THE TREATMENT OF PERSONS; MINORITY REPRESENTATION View Entire Chapter 760.27 Prohibited discrimination in housing provided to persons with a disability or disability-related need for an emotional support animal.— (1) DEFINITIONS.—As used in this section, the term: (a) “Emotional support animal” means an animal that does not require training to do work, perform tasks, provide assistance, or provide therapeutic emotional support by virtue of its presence which alleviates one or more identified symptoms or effects of a person’s disabili ..read more

House Bill 1417 proposes to preempt any local regulation of residential tenancies in Florida. Additionally the bill proposes to change the notice period for non-renewal of month to month tenancies from fifteen days to thirty days. Lastly the bill modifies any notice period for electing to renew a tenancy of fixed duration from not more than 60 days to not less than 60 days. An amendment was submitted 4/18/23 exempting any pre-existing local ordinances from the preemption ban such as the Dade County Tenant Bill of Rights ..read more

Top of Form Landlord-tenant — Eviction — Notice — Defects — Notices to terminate month-to-month tenancy are fatally defective for giving less than sixty days’ notice and for attempting to terminate tenancy in middle of monthly period Landlord filed an Eviction Complaint based on two notices to terminate the Defendant’s month-to-month tenancy.  The duration of the tenancy was a calendar month. The first notice dated July 22, 2022 informed the Defendant that she had to vacate the property by August 26, 2022, thus providing the Defendant 35 days’ notice. The second notice, titled a 60-Day No ..read more

Tenants on a month to month lease left the premises  without prior notice and demanded return of their security deposit. The Landlord, also without notice, only returned a portion of the deposit. The Tenants sued for the remainder. Whether a landlord is permitted to retain or required to return a tenant’s security deposit depends upon the interplay between sections 83.49(3)(a) and 83.49(5), Florida Statutes (2018). Section 83.49(3)(a), Florida Statutes governs the landlord’s duty: (a) Upon the vacating of the premises for termination of the lea ..read more

Plaintiff, tenant’s, sued  to recover his $2300 security deposit, and Defendan counterclaimed for $6,227.79 in damages. The Court ruled after a non-jury trial that Plaintiff failed to prove his cause and shall go without day. Landlord was entitled to retain the full security deposit plus pet fee. The court also denied damages on the counterclaim. The court ruled that Defendants are the prevailing parties. The Court denied awarding Defendant attorneys fees citing Marcosky v. Intesso, 8 Fla. L. Weekly Supp. 273a (Circuit Court 9th Judicial Circuit in its appellate capacity, 2001) in wh ..read more

Miami Dade County has proposed an ordinance creating a tenant bill of rights,  creating an office of housing advocacy, establishing a tenant helpline and website, and  prohibiting unlawful practice by landlords. Section 17-167 Prohibited Practices (1)(a) interrupt any utility service (1)(b) Collect rent or evict a tenant from a condominium where landlord is delinquent in paying any monetary obligation to the condominium association and the association has demanded the tenant remit the rent to the association  to satisfy the delinquency. (1)(c) Discrimination, including race, co ..read more

Hairspray This case involves a claim of damages to a hair salon occurring during a month-to-month tenancy pursuant to a written lease. Under the lease agreement, the Defendant “agree[d] to accept the premises in their present condition, and at the time of leaving premises will be the same or better conditions.” Additionally, the agreement provided that at the time of signing the agreement, the Defendant acknowledged that the “premises are in good clean condition.” The evidence demonstrated that the Defendant and his workers left extensive hair dye stains over much of the walls and doors, well ..read more

Cite as: 594 U. S. ____ (2021) 1 SUPREME COURT OF THE UNITED STATES No. 21A23 ALABAMA ASSOCIATION OF REALTORS, ET AL. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, ET AL. ON APPLICATION TO VACATE STAY [August 26, 2021] PER CURIAM. Plaintiffs obtained a judgment from the U. S. District Court for the District of Columbia vacating the CDC moratorium on the ground that it is unlawful. But the District Court stayed its judgment while the Government pursued an appeal. The Supreme Court now vacates that stay reasoning that the original authority for the CDC to issue an eviction moratorium stemmed from ..read more

South Florida structural engineer Greg Batista explains why the Surfside condominium collapsed and how to recognize signs of structural problems in your building. Click here to watch the one hour seminar https://youtu.be/gTHjmHsYiyg ..read more