Category Archives: Lease

When Rental Occupants Commit a Crime

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 […]

Avoid Lease Conflicts With HOA Rules

Would you, as a property manager, know all of the HOA rules or be aware of all changes made to them regarding the rental homes you manage? Probably not. The question is, what could happen if a tenant executes a lease that conflicts with the HOA rules? or if the HOA amended rules later that conflicted […]

Security Deposit Claims: Dos and Don’ts

Security deposit disputes are one of the most common contentions and issues in landlord-tenant relationships and law. Most state statutes prescribe procedures for the landlord holding and claiming a security deposit and for the tenant to object to the landlord’s claim. Florida does the same. These security deposit statutes are designed to expedite and resolve […]

The Endless Late Fee Cycle: Enforceable or Not?

There is a common legal issue and problem that arises in the residential property management business. It involves situations when a tenant owes a late fee for a given month and pays the base rent for the following months but does not “catch up” with the late fee, which can result in a vicious cycle […]

Landlord Practice Tips on Recent Florida Appellate Decision

The Third Circuit Court of Appeals just released an opinion regarding several legal issues involving a commercial lease in Bldg. B1 v. Component Repair Servs., 2017 Fla. App. LEXIS 9956 (Third Court of Appeal of Florida, July 12, 2017). The Court’s ruling has bearing on how courts could rule on similar issues involving residential leases. Below […]

HOA Rules and the Lease

There is a common problem in the landlord-tenant business where the tenant violates the HOA covenants and restrictions (hereinafter “rules”) but is complying with the lease.  What is even more notable problem is when the rules and lease provisions contradict each other.  The problem becomes worse where the HOA is aggressive about enforcing the rules. Since […]