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Florida-friendly Landscaping & the not so Friendly Homeowners’ Association

Florida-friendly landscaping and the Unfriendly Homeowner’s Association  The Florida legislature passed a law in the early 2000s and in 2009 with the goal of encouraging homeowners and community associations to cultivate landscapes that don’t require pampering with sprinklers and chemicals. These lawns are referred to as “Florida-friendly” lawns or landscaping. Florida-friendly landscaping is defined by…

What can I do if a Landlord Keeps my Security Deposit?

There is a certain notice requirement under Chapter 83 of the Florida Statutes that the landlord must follow in order to make a claim on any portion of your security deposit. If that notice is not given, the landlord forfeits his/her right to make a claim. If proper notice is given, the tenant must object…

How do I Evict a Tenant that has an Oral Lease Agreement?

You should never have a verbal lease agreement with a tenant. It just leads to problems down the road. However, if you are in that situation, it depends on how often rent is paid. Section 83.46(2) of the Florida Statutes states: If the rental agreement contains no provision as to duration of the tenancy, the…

Foreclosure Defense Lawyers Are Not All Created Equal

It seems that recently, every attorney is practicing foreclosure defense. The problem is that not many of them are knowledgeable enough in the area to be worth the money they charge their clients. The reason for the large increase of attorneys practicing foreclosure defense is simply that there the need for foreclosure defense is in…

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…