Category Archives: Real Estate Law

Everything You Should Know About Maryland Security Deposits

There are general landlord/tenant rules that can be modified differently in each state.  Below is what you need to know about the laws in Maryland. 



Severing Joint Tenancies Between Non-Married Partners in Washington D.C.

A joint tenancy cannot exist unless there is a present unity of interest, title, time and possession; that is to say, the interests must be identical, they must accrue by the same conveyance, they must commence at the same time and the estate must be held by the same undivided possession.



How to Choose the Best Location for Your Subsidiary

Business owners want to choose a location that will provide the most economic benefits to the company. To accomplish this goal, it is critical to gather information and research the demographics and economic characteristics of the cities you’re interested in.



Are you liable for the documentary stamp tax?

Who Pays the Documentary Stamp Tax? In Florida, people who transfer real estate in exchange for value must pay a transfer fee, called a “documentary stamp tax,” on the documents used. The Florida documentary stamp tax has broad applicability, applying to deeds, instruments, or writings whereby lands, tenements, real property, or interests therein are granted…   + Read More…



Will You Lose Your Homestead if you go to Jail?

What is Homestead? Florida provides homeowners who make their Florida home their principal place of residence with a tax exemption. This exemption is called the Homestead Exemption and has different benefits. The exemption allows homeowners to exempt $25,000 (or $50,000 for married couples) from the taxable value of their home. Also, claiming Homestead provides exemptions…   + Read More…



Do I have to pay property taxes as a foreigner investor?

All foreign investors owning U.S real property are responsible for paying taxes on any and all rental income they earn in the United States from that property. As a general rule, a non-US person who rents out his or her U.S. property is subject to a 30% withholding tax imposed on the gross amount of…   + Read More…



How do I claim the Florida Homestead Exemption?

Florida law allows homeowners who use their Florida home as their residence to claim a homestead exemption. The Florida Constitution provides a tax-saving exemption by reducing the taxable value of real property by up to $25,000, and $50,000 for a married couple. Florida homeowners are entitled to a Homestead Exemption if, as of January 1st,…   + Read More…



What are the most common types of foreclosure?

A foreclosure is the legal process in which the lender attempts to recover the balance of a loan by forcing the sale of the property used as collateral for the loan. Foreclosure occurs when the homeowner is unable to make mortgage payments to the lender. A homeowner has a few options to avoid foreclosure. The…   + Read More…



What can you do when your foreclosure is set for sale?

What is a Foreclosure? A bank will usually foreclose on your house after you have failed to make four successive payments. The bank will send you a notice of default which is an indicator that they are intending on beginning foreclosure proceedings. These proceedings can usually take anywhere between six months up to a year….   + Read More…



I received a foreclosure summons, what do I do?

You’ve received a foreclosure complaint. Before you have a panic attack and believe you are going to lose your house, call an attorney. It is important to seek legal counsel and learn your rights because this may be complicated and stressful. To help relieve some of that stress, we will go into detail about the…   + Read More…



Mistakes to Avoid when Transferring a Florida Homestead

When setting up an estate plan, it is common for Floridians to have a revocable living trust in which to transfer their Florida homestead.  Unbeknownst to many, there may be negative consequences to this transfer, but there are things that can be done to avoid such issues: Transferring the homestead into the trust should not…   + Read More…



How to Appeal Property’s Market or Assessed Value with Value Adjustment Board (VAB)

Every year, property owners receive a Notice of Proposed Property Taxes from the Miami-Dade Property Appraiser, listing the total of Ad Valorem and non-Ad Valorem property taxes to be paid. These property taxes are based on the assessed value of the property, as determined by the Property Appraiser every January 1st. Sometimes, however, the value…   + Read More…



What is residential constructive eviction in Florida?

A tenant may terminate their lease with a landlord in the event of a constructive eviction. Constructive eviction is defined as any disturbance to the tenant by the landlord that: (1) renders the premises unfit for the purpose for which they were leased; or (2) deprives the tenant of the beneficial enjoyment of the premises….   + Read More…



What is Florida Homestead Portability?

In Florida, the first year a home receives a homestead exemption, the property appraiser assesses it at just value. Now, with that in mind, for each of the following years, the Save Our Homes Amendment (SOH) of the FL Constitution, prevents the assessed value of said homestead property from increasing more than 3% per year…   + Read More…



Buyers of Real Property May Be Held Liable for the Tax of a Foreign Seller!

A non-foreign certification is a document that protects buyers of real property interests from liability for the IRS withholding tax, which applies if the seller is a foreign person. If a seller is a non U.S. citizen or resident, then FIRPTA (The Foreign Investment in Property Tax Act) applies and the buyer must withhold 15%…   + Read More…



Simple Facts : Foreclosures and Leases

In Florida, what would happen if a tenant is leasing a premises, and the mortgagee—the bank for example—foreclosures upon the property. Is the tenant allowed to remain in the premises? As a consequence of the foreclosure, is the tenant’s lease terminated? What if the tenant was an innocent party with no knowledge of the mortgage?…   + Read More…



Getting a Real Estate License in Florida

Florida real estate is booming, and starting a real estate career may be a great option for you. Fortunately, in Florida, obtaining a real estate license is fairly easy and generally involves only a few requirements. First of all, an applicant must be at least 18 years of age and have a United States Social…   + Read More…



Avoiding the Documentary Stamp Tax

Jerry is the owner of a $5 million company, Red, Inc. Jerry’s company has one subsidiary, Blue, LLC. Jerry is considering transferring interest from his parent entity, Red, Inc., to his subsidiary—which Jerry fully owns—Blue, LLC. However, there is one minor issue; The Florida Documentary Stamp Tax. Florida imposes a documentary stamp tax on transfers…   + Read More…



Florida Residential Security Deposit Return

What happens when a landlord wants to keep the tenant’s security deposit? Can the landlord keep the security deposit, or does the tenant need notice beforehand? Under Florida law, a landlord may retain a tenant’s security deposit, but there are a few steps that need to occur before the security deposit, or a portion thereof,…   + Read More…



Short Term Residential Rental in Coral Gables and Miami

In this day and age, the Internet provides ordinary individuals with business opportunities that were unheard of thirty years ago. For example, recently, we came across a website that allows property owners to list and rent their own single-family home for a short duration of time. Listing the property online is the easy part, but…   + Read More…



How to Evict a Tenant?

Need to evict your tenant for nonpayment of rent? Whether you’re a landlord or a tenant, it is important to know what the consequences for nonpayment of rent are. If yo u are a landlord and your tenant has not paid rent, you can sue the tenant for payment of rent or seek to evict…   + Read More…