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EPGD Law Blog

Category: Real Estate Law
COVID-19 EVICTION
COVID-19
Eric Gros-Dubois

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.

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Foreign Investing
Documentary Stamp Tax
Eric Gros-Dubois

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.

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Couple looking at lease
Real Estate Law
Eric Gros-Dubois

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.”

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Security Deposit
Real Estate Law
Eric Gros-Dubois

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.

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Foreclosure EPGD
Real Estate Law
Oscar Gomez

What is a “Condition Precedent” to Filing a Foreclosure Action in Florida?

In Florida, if a bank, lender or servicer anticipates filing a foreclosure action, there are certain steps it must take prior to doing so. These provisions are called conditions precedent to foreclosure. State and federal law, as well as the contractual language of the mortgage and promissory note, set forth some of those requirements. Financial institutes are under the obligation to abide by these conditions. Failure to do so opens the door to defenses to the foreclosure claim which can lead to dismissal of the case.

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EPGD Real Estate Law
Real Estate Law
Eric Gros-Dubois

When May a Landlord Withhold a Tenant’s Security Deposit?

A security deposit is a refundable fee a landlord takes from a tenant at the start of a lease term. Landlords may withhold security deposits for several reasons, such as protection against damage to the premises, to cover a loss due to non-payment of rent, or to cover unpaid utilities once the tenant has vacated the premises.

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EPGD Law Foreign Reporting
Foreign Reporting
Eric Gros-Dubois

What to Know if you Want to Invest in U.S. Real Estate as a Foreigner?

The simple answer is yes. Anyone can buy property in the United States. However, foreigners are best suited to buy U.S. property with one-time payment instead of financing it. This is because if a foreigner wants to get a U.S. mortgage or a loan – it is often nearly impossible to get approved due to the lack of U.S. credit history.

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EPGD Law Real Estate Planning
Real Estate Law
Eric Gros-Dubois

How do Non-Florida Residents Establish Residency in Florida?

If you reside in another state but wish to convert your domicile to the state of Florida, there are many ways you can make a showing that would reflect Florida residency, especially for purposes of homestead exemption or paying in-state tuition at a Florida university.  Many individuals, including investors, choose to make Florida their state of domicile, mainly because Florida has no state income tax, as opposed to states like New York, Georgia or California.

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EPGD Law Real Estate Law
Real Estate Law
Eric Gros-Dubois

Landlord Remedies in Florida: Distress Writs

A landlord in a commercial or residential landlord-tenant relationship may enforce remedial acts against a tenant and the leased premises, in the event of default or breach. Upon a landlord deciding to evict his or her tenant, a distress writ may be obtained to substantially protect the landlords needs. Among this remedial measure, a landlord has the ability to receive a distress writ issued by the Clerk of Court, which authorizes the landlord to essentially put a lien on the tenant’s assets at the rental premises when he or she owes rent.

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EPGD Law Homestead Exemption
Homestead Exemption
Eric Gros-Dubois

Can Foreign Non-Resident Investors Claim Florida Homestead Exemption?

The traditional rule is all individuals living in Florida with temporary visas may not be eligible to claim the Florida homestead exemption because their residency is based on a durational, temporary period. However, in 2012, the Florida Supreme Court put this constitutional issue before them in Garcia v. Andonie

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Business Law
Silvino Diaz

What Constitutes a Valid Escrow in Florida?

An escrow occurs when property is held by a third party until the occurrence of a predetermined event, at which time the third party delivers the property as instructed by the parties to the transaction.  Thus, an escrow agent is the intermediary third-party depositary assisting the parties to the transaction.  Escrows are used to ensure that the parties to the underlying transaction act as agreed upon.

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Business Law
Eric Gros-Dubois

Should you Lease Property to a Business?

Saving money on taxes is a great incentive to consider leasing your assets to a corporation.  It is common for shareholders of corporations to lease real estate, equipment, and other property, such as vehicles, to the corporation, either directly or indirectly.

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Real Estate Law
Eric Gros-Dubois

Attacking the Validity of the Mortgage

One of the ways to win a foreclosure fight is by attacking the validity of the mortgage.  There are multiple ways to do this, including but not limited to, using defenses such as fraud, standing to sue, and proving the statute of limitations.

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Estate Planning
Niuris Bezanilla

What is Ancillary Probate?

The primary probate proceeding is usually held in the decedent’s state of residence or home state. However, a state probate court only has authority over property in its own jurisdiction; it does not have the power to issue orders for property that is located in another state. Therefore, an additional probate proceeding becomes necessary.

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Homestead Exemption
Eric Gros-Dubois

Can my Homestead Assessment Savings be Transferred from my old Property to my new Property?

Imagine being a homeowner in Florida, selling your home and not buying a new home until three years later. Did you know that you were most likely receiving property tax savings at your old property? And better yet, you could have transferred some or all of those savings to your new property if you had just filed a homestead portability application within two years.

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Real Estate Law
Niuris Bezanilla

Homestead Exemption v. JTWROS

In Florida, JTWROS means that the full title to property goes to the owner that survives.  The “survivor” of the joint owner automatically owns 100% of the asset when the other joint owner passes away.

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Real Estate Law
Oscar Gomez

Residential Security Deposit Laws in Florida

Florida statute provides that a landlord is to refund the full amount of the security deposit, minus any findings of property damage or other incidentals, within 15 days after the tenants move out of the residence.

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Real Estate Law
Eric Gros-Dubois

What are the Setbacks Required on my Property?

A Setback is the distance from the Base Building Line (the officially mapped street line) to the point where a building may be constructed. The City of Miami provides setback requirements for property owners in the Miami 21 Zoning Code.

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