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The Do’s and Dont’s of Being a Landlord in Florida

1. DO gather as much information about your prospective tenants as possible. As a landlord, you need to make sure you gather as much information as possible about your prospective tenants. This information can prove to be valuable both before the move in and after the move out. Before the move in you want to…

Protecting Tenants In Foreclosure

*Please note that the Protecting Tenants at Foreclosure Act of 2009 is set to expire on December 31, 2014* During the foreclosure crisis, numerous renters in good standing have been forced to relocate after a foreclosure sale with little or no notice. To address this critical problem and to stabilize neighborhoods, Congress passed the Protecting…

Defending Drivers in Subrogation Lawsuits

Subrogation is the legal process by which an insurance company seeks reimbursement after it has already paid a claim for an accident on behalf of its insured. For example, if a person caused an auto accident and did not have insurance at the time, the injured driver’s insurance company would pay the injured party for…

The Subrogation Process

The term subrogation comes from the Latin word “subrogare,” which means to “stand in the place of.” If you are not responsible for an auto accident, you have the legal right to sue the negligent driver. If you accept payment for damages from your insurance company, however, you transfer this right. Subrogation means the insurance…

Alimony in Florida

One of the most frequent questions we are asked at the Morey Law Firm, P.A. is, “will I get alimony,” or “how much alimony will I get.” To answer these questions, there are many factors we must consider. A party receiving alimony is called the payee and the person paying alimony is the payor. The…

Multiple Proposed Florida bills would speed up the foreclosure process

TALLAHASSEE – With Florida among the slowest states to wade out of the post-boom foreclosure morass, lawmakers in Tallahassee have proposed a number of bills to speed up the process of property seizures. Two that have the backing of both the state’s banking industry and Florida Realtors, are House Bill 87 and Senate Bill 1666,…

Unbalanced foreclosure bill: HB 87 offers benefits but lacks consumer protections

Thousands of homes languishing in foreclosure are a real problem for Florida. But lawmakers aiming to clear the logjam should resist legislation that would speed up the legal process at the expense of consumers. Instead, resources should be directed toward rectifying unfair loan practices; helping “underwater” homeowners; assisting condominium and homeowner associations as they deal…

What if the Landlord Turns off the Utilities in the Rental Unit

Many landlords and tenants are unaware that a landlord cannot cause any utility in a rental unit to be turned off while a tenant is in possession of the unit, even if the tenant is not paying rent. Section 83.67(1) of the Florida Statutes states:   A landlord of any dwelling unit governed by this…

Do You Need to Update You Residential Lease Agreement?

As of July 1, 2013, Chapter 83, Part II of the Florida Statutes was substantially revised. Chapter 83 is the section that governs landlord-tenant relations. Part II deals with residential as opposed to commercial leases. As part of the revision to this law, there are certain notices and disclosures that are required to be in…

Are Hotel Guests Really Guests or Are they Tenants?

Chapter 509 of the Florida Statues deals with lodging. Generally speaking, lodging refers to hotels, motels, and inns. The term also includes other forms of lodging as well. The main types of lodging are Transient public lodging establishments and Nontransient public lodging establishments. Transient public lodging establishments are defined by Chapter 509 as being rented…