In a recent appellate decision, 1 Jedak Corp., v. Seabreeze Office Associates, LLC, a landlord lost an appeal where the landlord sued the tenant for breach of contract for failing to maintain insurance. Apparently, damage occurred on the premises, and the landlord’s insurer covered the damages; but the landlord did not have to pay any monies out […]
Attorney Tim Baldwin, founder of Property Management Law Solutions, presents this short video on Security Deposit issues in Florida. If you are a property management company, check out Property Management Law Solutions’ legal service plans that will help your business in many ways.
Landlords must properly and timely handle security deposits in Florida. Otherwise, the landlord could lose any security deposit the tenant deposits for the faithful performance of the lease and potentially be sued by the tenant for improper or untimely claims. To be successful in this area of rental business, the landlord must create proper and […]
Attorney Tim Baldwin, founder of Property Management Law Solutions and Rentals Law, will present at the National Association of Residential Property Managers on September 25, 2018 from 11:30am – 1:00 pm at the Pensacola Realtor Association location.
Tenants often ask, “can a landlord not rent to me for”, for example, “not having a high enough credit score” or “having a certain kind of pet” or “not having high enough income”. The feeling that many tenants have in this regard is that the landlord is not justified in denying a rental application based […]
Here’s what attorney Gary Stephen Gaffney says about the landlord’s need of having an attorney actively engaged in his or her rental business: A lawyer is an operational expense these days if you are going to play landlord; more so than the plumber or A/C guy. Mr. Gaffney is exactly right! (FN1) Property managers cannot […]
Can a tenant request a jury trial in an eviction action? In short, yes, but there are limitations, three of which are discussed below. Generally In general, Florida courts recognize that a party has a right to a jury trial on triable issues of fact. An eviction trial is subject to the rules of evidence and either […]
A fairly common situation occurs in the world of landlord-tenant law. That is, when an occupant, guest or invitee–not the tenant–commits a crime or dangerous activity in or near the rental property. Inevitably, the landlord questions whether he has a remedy or grounds to terminate the lease and evict if necessary. The answer to the question […]
A client of Property Management Law Solutions (PMLS) expresses his gratitude and appreciation for the legal services PMLS provided him in a bad situation involving tenants who were causing him problems. As Mr. Kelly shares, PMLS was able to diffuse the situation and remove the tenants from the property within a week. If you are […]
This author addresses two points in this article. First, a recent Florida case acknowledges that landlords have a legal interest in security deposits held under a property management agreement and that misuse of the deposit is actionable by the landlord against the broker. Second, the implications of this decision support this author’s opinion that real […]