Landlord / Tenant
What Happens When Your Joint Tenant Breaks Your Lease
A lease is a contract between a landlord and tenants. Joint tenancies are contracts in
Eric Gros-Dubois
February 22, 2021
Corporate
Must a Florida Corporation Have Bylaws?
The Florida Business Corporation Act requires a Florida corporation to have bylaws. The law requires
Eric Gros-Dubois
February 1, 2021
COVID-19
Can my employer force me to receive the Covid-19 Vaccine?
As the Covid-19 vaccine continues to be distributed across the country, employees are becoming increasingly
Eric Gros-Dubois
January 22, 2021
Government
Recent Rulings from the Florida Fourth District Court of Appeal
The Fourth District Court of Appeal recently released their latest opinions. Two opinions stand out
Eric Gros-Dubois
January 15, 2021
Employment Law
Should Employees Request and Keep a Signed Copy of Their Employment Contract?
As an employee, you should know what you are entitled to from your employer. It
Eric Gros-Dubois
January 14, 2021
Tax Law
What Does the New Biden-Harris Tax Plan Do?
January 20, 2021 brings with it a new Presidential Administration in the United States, but
Eric Gros-Dubois
January 8, 2021
Business Law
What Happens When a Member of a Limited Liability Company Dies in Florida?
In the state of Florida, the law provides guidance of how a Limited Liability Company
Eric Gros-Dubois
January 7, 2021
Business Law
Do S-Corporation Shareholders Have to Take Equal Distributions?
S-Corporations are some of the most common corporate entities that are used in the state
Eric Gros-Dubois
January 6, 2021
CBD Law
What Rights Does a Landlord in Washington D.C. have when a Tenant uses Marijuana?
For over five years residents in Washington D.C. have had the ability to use medical
Eric Gros-Dubois
December 23, 2020
CBD Law
What is Washington D.C.’s Stance on Marijuana?
In 2014 Washington D.C. voted to legalize marijuana for recreational use, however, it did so with some strings attached. Knowing the dos and do nots of D.C. Marijuana laws can potentially help those who grow and use the substance avoid violating the strict laws that regulate the growing popular plant.
Eric Gros-Dubois
December 22, 2020
COVID-19
What does the new Stimulus Package Deal Mean to You?
Late Sunday December 20, 2020 Congressional leaders reached a consensus on a new stimulus package
Eric Gros-Dubois
December 21, 2020
COVID-19
Termination of Tenancy at Will in Florida
During these trying times due to COVID-19, many Miami residents have been out of work for months, making it nearly impossible to keep up with rent payments. Many of these Miami residents are being evicted. In some cases, these tenants have reached the end of their lease or do not have a written lease. The lack of a written lease may give the landlord the impression they can evict the tenant whenever they want, but Florida law states differently.
Eric Gros-Dubois
December 9, 2020
COVID-19
Can a Business Owner in Florida Require Patrons to Wear a Mask?
Yes, businesses that are open to the public are responsible for complying with legitimate safety requirements. Thus, a business may enforce policies and restrictions for the safety, comfort, and peace of mind of other people.
Eric Gros-Dubois
December 8, 2020
Tax Law
What Forms Do Foreign Individuals and Entities Need to Complete When Investing in The United States?
Miami is home to many foreign individuals and foreign companies that do business in Florida
Eric Gros-Dubois
December 8, 2020
trademark
Can I Bring a Lawsuit Under the Lanham Act if I Don’t Have a Registered Trademark?
A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one seller from those of others. It is essentially a brand name. It is not to be confused with a service mark, which is used to identify and distinguish the source of a service rather than goods.
Eric Gros-Dubois
November 25, 2020
Estate Planning
How Can my Spouse Inherit My Real Property if They Are Not on the Deed?
In Florida, it is not uncommon for spouses to hold title to property separately, especially if that property was acquired outside or prior to the marriage. However, it becomes particularly problematic when that spouse passes away, because many times the surviving spouse is not included on the title, which then requires a probate proceeding to transfer legal title to them.
Eric Gros-Dubois
November 17, 2020
Documentary Stamp Tax
Foreign Investing in Florida Real Estate
Foreign investing has seen a dramatic increase the last several years. Florida has been one of the more prominent locations where such foreign investing occurs, specifically in real estate. Miami, in particular, contains a lucrative real estate market where many investors from all over the world come to invest. It is imperative that these foreign investors are aware of the various implications when acquiring property with a particular holding structure and properly plan their investments.
Eric Gros-Dubois
November 17, 2020
COVID-19
COVID -19 Employer Aid & Tax Credits
The COVID-19 pandemic has been looming over businesses and employees for a majority of the year. Florida businesses have been greatly affected and unemployment numbers have increased substantially throughout the pandemic. Miami businesses, in particular, were greatly affected due to county wide quarantine shutdowns and curfews. Many of these businesses that have been severely impacted by the pandemic will qualify loans through the CARES Act and two new employer tax credits.
Eric Gros-Dubois
November 17, 2020
protection
Does the Federal Trade Commission Impose Regulations on Credit Repair Companies?
Yes, as part of its broad authority to protect consumers, the Federal Trade Commission (FTC) enforces the Credit Repair Organizations Act (CROA) which specifically relates to credit repair services. This act regulates the behavior of companies offering credit repair services to consumers.
Eric Gros-Dubois
November 10, 2020
Real Estate Law
Florida’s Eviction Moratorium has Expired. Now What?
In March, due to the coronavirus pandemic and the economic disadvantage it placed many Floridians, the Governor of Florida issued a moratorium on all mortgage foreclosure and eviction causes of action in the state. Although this executive order has now expired, the Centers for Disease Control and Prevention (CDC) has released a new order, “Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19.”
Eric Gros-Dubois
November 10, 2020
Family Law
How Do I File for Divorce in Florida?
Every state has its own significant divorce laws and regulations. Florida is a no-fault state, meaning that there does not need to be a party at fault for the divorce. The spouse asking for a divorce simply needs to claim that the marriage is “irretrievably broken.” It is important to note, that when filing for divorce, Florida has its own residency requirements. The spouse filing for divorce has to have lived in the state for at least six months prior to initiating a divorce. However, there is one exception to this rule.
Eric Gros-Dubois
November 5, 2020
Contract
Can I Move My Limited Liability Company (LLC) From One State to Another?
If you are operating a Limited Liability Company (LLC) in one state but want to move it permanently to another state, you may do so through a process called domestication. It is important to note that the state you are moving your LLC from and the state you are moving it to, must allow for domestication in order for you to validly transfer your business. Florida is among the states which allows for this process.
Eric Gros-Dubois
November 3, 2020
Real Estate Law
Statute of Limitations on Landlord Tenant Security Deposit Disputes
A security deposit is a refundable fee that a new resident gives to their landlord in addition to advance rent payment. The security deposit is essentially an insurance on the property in the event that the tenant causes any damages made by the tenant that exceeds ordinary wear and tear.
Eric Gros-Dubois
November 3, 2020
Contract
What is the Florida Documentary Stamp Tax?
The Florida Documentary Stamp Tax is an excise tax that is enforced on certain documents that are executed, delivered, or recorded in the state. An excise tax is an indirect tax charged by the government on the sale of a particular good or service.
Eric Gros-Dubois
October 28, 2020
Contract
What is a Fictitious Name or “DBA” in Florida?
Under Florida Statute §865.09, a fictitious name means any name under which a person transacts business in this state, other than the person’s legal name. This is also known as DBA, or “doing business as.”
Eric Gros-Dubois
October 27, 2020
Business Law
Your Questions About PPP Loan Forgiveness Answered
With the SBA’s release of the simplified PPP Loan Forgiveness Application, business owners are trying to navigate all the available options for PPP loan forgiveness. Here are some common questions with answers according the SBA’s regulations as of October 13, 2020. Please note that the SBA’s requirements and application process for PPP Loan Forgiveness are constantly evolving, thus you should always double check that this information is consistent with the current guidelines provided by the SBA.
Eric Gros-Dubois
October 15, 2020
Business Law
The SBA Announces New, Simplified Loan Forgiveness Application
As of October 13, 2020, The Small Business Administration (SBA) recently announced a one-page loan forgiveness application for Paycheck Protection Program (PPP) loans under $50,000. This new application streamlines documentation requirements and does not require any complicated calculations as were required on prior versions of the form.
Eric Gros-Dubois
October 13, 2020
Employment Law
What If I Was Furloughed In Florida?
According to Section 110.107(11) of the Florida Statutes, “Furlough” means a temporary reduction in the regular hours of employment in a pay period, or temporary leave without pay for one or more pay periods, with a commensurate reduction in pay, which is necessitated by a projected deficit in any fund that supports salary and benefit appropriations.
Eric Gros-Dubois
October 7, 2020