As of July 1, 2020, Florida law no longer requires leases for a term of more than a year, residential or commercial, to be signed in the presence of two witnesses. In fact, witnesses are no longer required on any real property leases. See, http://laws.flrules.org/2020/102
While the legislative bill that led to the new law
As we approach the height of hurricane season, it’s a good time for property owners to brush up on their understanding of flood zones and how they impact flood insurance. Below are some resources and answers to frequently asked questions on flood zones:
Continue Reading Understanding Flood Zones in Florida
An interesting ruling came down this week in an Airbnb case stemming from tenants illegally offering apartments for short-term rentals in violation of their lease agreements in South Florida.
Bay Parc Plaza Apartments filed suit in 2017 against Airbnb with multiple claims of trespass, tortious interference with a contract, and violations of the Florida Deceptive and Unfair Trade Practices Act.
Airbnb attempted to have the case dismissed based on protections under the Communications Decency Act (CDA). Because the CDA protects operators of internet services from liability for content posted from third parties who use their services, Airbnb argued that short-term rental listings on their website posted by tenants within an apartment building qualified as third party content and Airbnb, therefore, is immune to suit for that content under the CDA.
Continue Reading Does Free Speech Protect Your Right to Sublease in Florida?
Florida law currently caps taxes assessed on commercial and rental property, but that may end come January 1, 2019.
You might be thinking “why do I care because I rent my home or apartment and don’t own either commercial or rental property?” Consider this: if your landlord has to pay higher taxes, guess whose rent
Beginning July 1, 2017, Florida community associations will have to comply with more burdensome estoppel requirements.
The 2017 Florida legislature just recently passed a new law that will require associations to comply with a request for an estoppel certificate within 10 business days. If they fail to do so, they will forfeit their right to
The Cape Coral Building Department has had a rule on the books requiring owners of residential condominiums in Cape Coral to have a letter from their association before pulling a permit to do work in condominium common areas.
You might be thinking “I pulled a permit for something like that 3 months ago, and I
Have you ever wondered whether renting out your property using VRBO qualifies as a commercial use as opposed to a residential use? You’re not alone.
On one hand, earning income from rent, advertising for new tenants, managing and scheduling those tenants, and maintaining the property to comply with the regulations required to frequently rent out your property for short periods certainly sounds like a business.
On the other hand, it’s your residence, and the people paying you to stay in it are only using it to eat, sleep, and do other ordinary acts incident to living. They aren’t using your place to produce income for themselves.
While both sides seem to have a reasonable argument, a recent Florida appellate court decided that renting a home to someone who uses the home “for ordinary living purposes such as sleeping and eating” qualified as a residential use under that particular association’s governing documents. See, Santa Monica Beach Property Owners Association v. Acord, (Fla. App., 2017).
Continue Reading Renting Your Home Using VRBO is a Residential Use
I find myself frequently having conversations with potential clients asking why they shouldn’t use a title company to handle the closing of their new home. Why spend more money to hire an attorney when a title company can close the deal for less? Excellent question.
Sure, a title company can create the documents necessary to close the deal. They can also generally guide the parties on some issues that might come up, such as what additional requirements must be met when the seller is considered a “foreign person” under FIRPTA.
Continue Reading Top 5 Reasons to Hire An Attorney When Buying A Home
At this month’s REIS meeting, Dr. David Jones, Executive Professor of Economics and Finance at Florida Gulf Coast University, presented his take on how the Trump Administration will affect the U.S. economy.
Dr. Jones predicts that the economy will be on the rise through the end of 2018. He declined to offer a
The news these days is rife with stories about hacking, leaks, and stolen confidential information, and no one seems to be immune to the threat, as demonstrated by the recent reports of hackings perpetrated on Donald Trump and Hillary Clinton.
While those examples may seem far from home for most of us, there are stories throughout the country of hackers stealing the money people are intending to use to purchase their homes.
The ploy hackers often use is to hack someone’s email, which allows them to intercept wire instructions. They then modify the wire instructions in transit so that the money is eventually wired to the hacker’s account.
Continue Reading 4 Steps to Minimize Your Susceptibility to Wire Fraud