Broward Associations: Acknowledgement and Rejection

toates featured, Landlord Tenant, Real Estate

On September 10, 2013, the Broward County Commission voted to enact an amendment to its Code of Ordinances prohibiting discriminatory practices in real estate transactions. This includes Homeowner Associations and Cooperative Associations who review prospective purchase and lease applicants. The rules require that the association acknowledge receipt of a completed application within ten (10) days of submission. If the application package is incomplete, the acknowledgment letter must include a list of missing or incomplete items. Within forty-five (45) days after receipt of a completed application, the association must reject or approve the application and if rejected, must state the reason(s).

Notice of Claim on Security Deposit

toates Landlord Tenant

Fla. Stat. 84.49(3)(a)…Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail …

Order to Post Money to the Court Registry

toates Landlord Tenant

Many times during the pendency of an eviction case, whether residential or commercial, the Court will enter an order requiring the Tenant to post money into the Court registry. The Order may also include language that requires the Tenant to continue to post rent money to the registry of the court when each new payment becomes due. The Fourth District Court of Appeal recently issued an opinion on this very issue in a commercial tenant eviction.

Abandoned Property: Landlord Beware

ellenlinley Business Law, Landlord Tenant

Whether you are a seasoned landlord with valuable management skills or a first-time landlord, the issue of eviction or abandonment could be an issue you have to face. The issue of abandoned property appears in two contexts. On one hand, a landlord could face the issue when the tenant has abandoned the property altogether by leaving for an indefinite period of time without giving notice. On the other, a landlord could face the issue when the lease has expired or been terminated yet the tenant fails to take all of his or her possessions with him. What are your rights and responsibilities as a landlord in each situation?

Protecting Commercial Property From Liens Arising Due to Tenant Improvements

toates Business Law, Landlord Tenant

Commercial landlords and property managers should be familiar with Florida Statutes § 713.10, when it comes to protecting a property from the liens arising from work done to the property by a tenant. Recent case law illustrates what other protective measures can be taken by a landlord or property manager when it comes to improvements by tenants, especially if those improvements are required under the lease or if said improvements constitute the “pith of the lease.” 14th & Heinberg, LLC, vs. Henricksen & Co., Inc., 877 So.2d 34 (Fla. 1st DCA 2004)