WHAT MIAMI-DADE LANDLORDS NEED TO KNOW ABOUT THE RECENT TENANT BILL OF RIGHTS The new law is effective starting this week.  In addition to the prior change that landlords had to advise tenants 60 days prior to the end of their rental prior to the end of the tenancy of an intent to increase rent by more than 5%, landlords need to have this form signed by the tenants with every new lease (and renewal lease).  The form can be found here: notice-of-tenants-rights.pdf (miamidade.gov) The form explains the process and clarifies how tenants can make necessary repairs when a landlord do ..read more

On May 13, the Circuit Court for Miami-Dade issued an order that requires landlords looking to evict a tenant for non-payment to submit an affidavit that the property does not have a federally backed mortgage. If the mortgage is federally backed (like an FHA, VA, USDA, Fannie Mae, or Freddie Mac mortgage) then they aren’t allowed to evict until Aug. 23, 2020.  The extended time period was part of the Federal CARES Act that allowed for a moratorium for 120 days from March 27.  If landlords find themselves in a pinch, it’s possible that they could get forbearance from their mortgage s ..read more

LANDLORD RELIEF- Now not until June 2! Residential evictions have been stalled since the governor’s order on April 2.  The original order expired after 45 days, which meant May 18th.  But yesterday, the Governor extended the date so that June 2 will be the first opportunity to file evictions against non-paying residential tenants. The Supreme Court took an additional step after the original governor’s order and ordered that writs of possession remain suspended.  The jury is still out on if the Supreme Court will be issuing a new order after May 18th so that its order is consist ..read more

Would you know if your kid was sexting child porn? Sexting (by kids and between kids) is illegal in Florida.  If your son or daughter is under 18, add child pornography to the list of things they could be doing that you have no idea about. A minor commits sexting if “he or she knowingly, uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined in s. 847.001(9), and is harmful to minors, as defined in s. 847.001(6).” What does the ..read more

Landlords have been calling in at a pretty steady rate asking what can be done about tenants who aren’t paying their rent during the state of emergency caused by the coronavirus. On April 2, 2020, Florida’s governor issued an order (20-94) to: “[S]uspend and toll any statute providing for an eviction cause of action under Florida law solely as it relates to non-payment of rent by residential tenants due to the COVID-19 emergency for 45 days from the date of this Executive Order, including any extensions.” That was great news for tenants, but very bad news for landlords.  Tenants should b ..read more

Rideshare Accidents Miami’s streets are some of the most hazardous in the United States and several automobile collisions happen every day.  Many of these car crashes involve rideshare applications like Lyft or Uber, their chauffeurs, and the commuters on their journey.  Not only do accidents cause bodily damage and psychological torment, but the anxiety of dealing with the individuals in a rideshare accident also adds a new layer of burden to already upsetting circumstances. Under these conditions, it’s imperative to know what to do if you or a loved one is hurt due to someone else ..read more

 Hate crimes are criminal actions intended to harm or intimidate people because of their race, ethnicity, sexual orientation, religion, or other minority group status. They are also referred to as bias crimes. Last October, a gay couple went to Burger King located in South Beach, Fl. Raymond Ortega, a gay bartender, and Toni Llerena, a transgender woman, were eating when an employee ordered them to leave and called them “f—ing faggots.” When they protested, a security guard repeated the slur, sprayed Ortega with mace and beat him, busting his jaw and seriously injuring his knee, they say. Th ..read more

According to the next of kin, “Grandma” was “found at the scene of the attack on Christmas morning. She had hoof-prints on her forehead, and incriminating Claus marks on her back”. They seem certain that she was run over by a reindeer.  It is only a matter of time before detectives will want to speak to the only person who owns reindeer and uses them as his primary means of transportation.  “The Claus marks on her back” could well be something that is unique only to Mr. Kringle. If the attack happened in Florida, Santa is facing a maximum 30 years in prison!  It seems he left th ..read more

It’s a crime in Florida to give a weapon to a someone under 18-years-old unless the child’s parents consent. (Fla. Stat. 790.17). It’s also a crime to leave a loaded firearm within the reach or easy access of minor unless the gun is stored in a securely locked box or container or in a location which is reasonably secure or locked with a trigger lock. Taking a gun within 1,000 feet of a school or school sponsored activity is also a crime. In Florida, a 9-year-old is generally considered too young to be responsible for his or actions and will likely avoid prosecution for bringing the gun to scho ..read more

Elderly Abuse is defined as financial or material exploitation and the illegal or improper use of an elder’s funds, property or assets. Financial exploitation of the elderly has become so rampant throughout the years that it has been referred to as “the crime of the 21st century”.  As we age, we change physically, emotionally and mentally and this can make it easier for people to take advantage of us. According to a 2011 Study of Financial Elder Abuse by Metlife, it was found that women are more likely to be victims of elderly abuse at the ages of 80 and 89. Who commits elderly financial ..read more