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EPGD Law Blog

Tag: Real Estate
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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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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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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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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Real Estate Law
Eric Gros-Dubois

What Can a Landlord do if a Tenant Leaves Behind Property?

One of the most tension fraught relationships is that of a landlord-tenant. Landlords are subject to a variety of laws including regulation of rent, termination, and eviction. One such law is the Disposition of Personal Property Landlord and Tenant Act, which prescribes rules by which landlords are allowed to dispose of tenant property which remains on the premises after a tenancy is terminated.

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Estate Planning
Eric Gros-Dubois

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

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Business Law
Eric Gros-Dubois

What are some Simple Facts about Foreclosures and Leases in Florida?

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?

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