News & Analysis as of

Florida Landlords

Akerman LLP

Miami-Dade County Adopts Ordinance Enacting Disclosure Requirements for Sellers/Lessors of Properties Containing Grease Traps

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All sellers or lessors of properties containing Fats, Oils, and Grease (FOG) generators, as defined in section 24-5(113) of the Code of Miami-Dade County (Code), are now required to disclose, at the time of conveyance or...more

DarrowEverett LLP

What Florida Sales Tax Cut Means for Florida Commercial Tenants

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Broadly speaking, according to the Florida Department of Revenue, each Florida sale, amusement park admission, storage unit and rental is taxable (unless it falls under an exemption, such as nonprofits). More specifically,...more

Lowndes

New Law Further Reduces Florida’s Sales Tax Rate on Commercial Rent

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Effective June 1, 2024, the State of Florida’s sales tax rate on commercial real property lease payments (including base rent and additional rent) will be reduced from 4.5% to 2.0% for payments received for occupancy periods...more

Lowndes

Real Estate Tax Considerations for Landlords and Tenants

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It is customary for landlords to require their tenants to pay real estate taxes attributable to the landlord’s property being leased, along with other common area expenses like maintenance, insurance and the like. When there...more

Lowndes

Protect Yourself Against Tenant Construction Liens in Florida

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If you are a commercial landlord in Florida, you may inadvertently be subjecting your land and building to liens by contractors who perform work for your tenants. With the recent economic downturn, many commercial buildings...more

Shutts & Bowen LLP

Pith? Perfect for Lienors, Not So Much for Landlords: Protecting Rights When Improvements Are Made to Commercial Tenancies

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Have you ever heard the strange term “pith of the lease”?  This odd designation, apparently unique to Florida law, describes improvements to commercial tenancies that are essential or “vital to the lease’s perpetuality.” ...more

Lowndes

Understanding the Impact of Florida’s New Concealed Weapons Laws on Leasing

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Effective July 1, 2023, the Florida statutes were revised to allow people to carry concealed weapons without a permit. However, permits are still available for those interested, and qualified persons may obtain them from the...more

Lowndes

New Requirements for Landlords Under Orange County Tenant’s Bill of Rights

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On March 1, 2023, Orange County, Florida's Ordinance No. 2023-06 went into effect. The ordinance creates the new Office of Tenant Services and requires landlords to comply with new rules regarding notice requirements for rent...more

White and Williams LLP

Florida Court Puts the Claim of Landlord’s Insurer In The No-Fly Zone

In United States Aviation Underwriters v. Turnberry Airport Holdings, LLC, No. 3D22-270, 2023 Fla. App. LEXIS 1207 (U.S. Aviation), the Court of Appeal of Florida, Third District (Appellate Court) considered whether the...more

Lowndes

Despite Court Ruling, Orange County Voters Approve Rent Control

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Tuesday, despite the Court’s order to remove the Rent Control Language from the ballot, the residents voted to approve Orange County’s rent control ordinance. The ordinance was placed on the ballot before the Fifth District...more

Shutts & Bowen LLP

Drawn-out negotiations over purchase agreement result in extensive litigation

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A recent case weighed the extent to which a purchaser was able to negotiate terms when exercising a purchase of property under an option in a lease. The litigation began when, after the tenant/buyer exercised its purchase...more

Jackson Lewis P.C.

Miya’s Law: Florida Landlords Must Conduct Specific Background Checks for Their Apartment Employees

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Florida’s new Miya’s Law, Fla. Stat. 83.515, imposes background screening and other specific requirements on landlords regarding their employees who work in apartments that can be classified as “nontransient” or “transient.”...more

Shumaker, Loop & Kendrick, LLP

DBPR Increases Association Estoppel Certificate Fees

The Florida Department of Business and Professional Regulation (DBPR) released the first five-year adjustment to Estoppel Certificate Fees permitted under Section 718.116(8)(f), Florida Statutes, of the Condominium Act and...more

Shutts & Bowen LLP

Florida’s New Law Mandates Employee Background Checks to Protect Tenants in Response to Tragedy

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On June 27, 2022, Governor Ron DeSantis signed “Miya’s Law” (SB 898) into law which is designed to increase safety for residential tenants and significantly impacts the duties of Florida landlords and property managers....more

Nelson Mullins Riley & Scarborough LLP

New Requirements for Residential Landlords in Florida

On June 27, 2022, Governor Ron DeSantis signed Miya’s Law, Senate Bill (SB) 898, to heighten the safety requirements for residential apartments. Miya’s Law, effective July 1, 2022, will have a significant impact on the daily...more

Lowndes

If It Walks Like a Lease, Talks Like a Lease: Leases vs. Licenses

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There is a common misperception among landlords that licenses are more appropriate for smaller space even though the occupant is being granted exclusive use for a set period of time. As a result, you will often see documents...more

Shutts & Bowen LLP

Trial Court Wrongly Dismisses Case at Hearing on Paying Rent into Registry

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In a Florida commercial eviction, by statute where there is a court order requiring the tenant to pay rent into the court registry during the lawsuit and the tenant fails to pay, the tenant is considered to have waived its...more

Bilzin Sumberg

New County Rule to Reshape Residential Tenancies across Miami-Dade

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Landlords in Miami-Dade County must now provide certain residential tenants with at least 60 days’ written notice before terminating a tenancy or imposing a rent increase of 5 percent or more....more

Searcy Denney Scarola Barnhart & Shipley

7 Things to Know About Defective Products & Product Liability Cases

The short answer is “no.” In fact, the very term “automatically” is rarely found when discussing legal duties of any kind. There are conditions that must be met in order to successfully claim that a landlord is legally...more

Lowndes

Hillsborough County Commercial Lease Sales Tax Rate Reduced by Recent Florida Supreme Court Decision

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A recent Florida Supreme Court decision found that the Hillsborough County 1% transportation sales surtax is unconstitutional. As a result, the decision reduced the sales tax rate on commercial lease payments in Hillsborough...more

McGlinchey Stafford

Florida and Texas Extend Borrower Protections Through September

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Florida’s Governor Desantis has extended Executive Order Number 20-180 to 12:01 a.m. on October 1, 2020. The Executive Order, titled “Limited Extension of Mortgage Foreclosure and Eviction Relief” provides, in relevant part: ...more

Lowndes

Governor DeSantis Extends Florida's Moratorium on Evictions and Foreclosures to October 1

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On Monday, September 1, 2020, Florida Governor Ron DeSantis extended (for a fifth time) a previous executive order that suspended and tolled the Florida statutes that provide for final action at the conclusion of a...more

Roetzel & Andress

Florida Governor Extends Mortgage Foreclosure And Eviction Relief Until Oct. 1

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Florida Governor Ron DeSantis issued a new executive order that extends mortgage foreclosures and eviction relief until October 1. Executive Order 20-211 does not make any further changes, but only extends the same language...more

Fox Rothschild LLP

Update: Florida Extends Narrowed Evictions Ban Through October 1

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Once again, on the last day before Florida’s modified eviction ban was due to expire, Gov. Ron DeSantis extended Executive Order 20-180, which restricts certain real estate evictions. Executive Order 20-180 is now effective...more

Seyfarth Shaw LLP

Florida Enacts Law To Combat Emotional Support Animal Fraud in Housing

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Seyfarth Synopsis: A new law in Florida takes aim at fraudulent requests for emotional support animals in housing by requiring that residents do more than provide online animal “registrations” or certificates, mandates that...more

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