The following articles
were written by Attorney Alexander Johnson and
appeared in Community Association News Letters
in the greater Fort Lauderdale area and each
month in the news letter of the Broward County Landlords
Association. The articles deal with issues of landlord
tenant law and recently reported court decisions.
Rights of Tenants under foreclosure The Helping Families Save Their Homes Act of 2009 (S. 896), was signed into law by President Obama on May 20, 2009. Summary: the law provides that once the property has been sold at foreclosure auction, the buyer must give the tenant a 90 day notice to vacate.
Three tales of three day notices woes Where the landlord uses a PO Box address he must add five calendar days to the three business days to the due date on the 3 Day Notice. The eviction suit may not be filed until after the third day. Late fees can not be included on the 3 Day Notice.
2006 HomeOwnership Survey Homeowners are cautiously optimistic about Florida’s real estate market. Survey Suggests Florida Homeowners Not Overly Concerned About Slowing Market.
Losing Landlord can run but he canít hide
Where a landlord files a voluntary dismissal in a defended case, the tenant is entitled to collect his attorney’s fees and costs and may stay any new proceedings until paid.
Big Girls Donít Cry Tenant’s refusal to pay a $240.20 fee to properly terminate his lease results in a judgment against him for $169,297.77 accelerated rent for breach of lease.
Double Trouble Where a landlord issued a defective 3-day notice and filed and eviction based on it, the landlord can not cure the defect by issuing another 3-Day Notice after the case has been filed.
Real estate transactions subject to documentary stamps Recorded deeds are subject to documentary stamps at the rate of $0.70 per $100 on the sales price AND on the outstanding mortgage balance even if you are merely taking a person off of title or changing ownership entities. Summary of what transactions are taxed and at what rate and the penalties for failure to pay the correct documentary stamps at the time of recording.
Landlord beaten by own lease If your lease contain provisions giving the tenant more rights than the law provides, then you have to go by the higher standard.
Those dawgone duties of landlords and tenants Florida law lays out specific requirements that landlords and tenants must comply with in the maintenance of rental premises. Failure to follow these requirements can result in a variety of possible sanctions against the party who violates them.
Midnight Madness Judge rules that tenant has until midnight of the third day to pay rent on a three day notice.
PO Box Rule 3 day Notice using a PO Box for the landlord’s address requires an additional 5 days for mailing.
Is she or isnít she? Where the occupant retains possession under a purchase agreement, the court must hold an evidentiary hearing to determine whether they are a tenant before requiring the deposit money in court registry.
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