Emergency Powers, Eviction Moratoria, and the Takings Clause

Emergency Powers, Eviction Moratoria, and the Takings Clause

When COVID-19 hit in 2020, governments across the United States—federal, state, and local—issued sweeping emergency orders. Many of these orders had significant and sometimes devastating impacts on residential and commercial landlords. These impacts ranged from bans...

Landlord’s Remedies When a Tenant Terminates the Lease Early

Landlord’s Remedies When a Tenant Terminates the Lease Early

Florida landlords must understand and carefully exercise their rights when a tenant terminates a lease before its natural expiration. The options available to a landlord following a tenant’s early lease termination are strictly governed by F.S. § 83.595, which allows...

How Landlords Can Terminate At-Will Tenancies

How Landlords Can Terminate At-Will Tenancies

Florida law allows landlords to terminate month-to-month or other at-will tenancies using a straightforward legal process outlined in Florida Statutes sec. 83.57. This provision is essential for landlords who wish to regain possession of their rental property without...

Tenant Damages in Florida: What Landlords Must Know

Tenant Damages in Florida: What Landlords Must Know

On February 5, 2025, Florida’s Third District Court of Appeal issued a key decision in Klein v. 17121 Jade Ocean Condo, LLC. The case dealt with unpaid rent, property damage, and missing items in a residential lease. The appellate court affirmed some of the trial...

Lessons from Lacayo v. Wells Fargo for Landlords

Lessons from Lacayo v. Wells Fargo for Landlords

Evictions don’t always end when the tenant moves out. Sometimes, the losing tenant strikes back with new claims, alleging unfair practices, harassment, or violations of consumer protection laws. A recent federal case, Lacayo v. Wells Fargo Bank, N.A., 2019 U.S. Dist....

Fair Housing Fee Waivers: Reasonable Accommodation Guide

Fair Housing Fee Waivers: Reasonable Accommodation Guide

Landlords routinely apply uniform rules to promote fairness especially when it comes to fees for parking, amenities, or services. But what happens when a tenant with a disability requests that a fee be waived as a "reasonable accommodation"? The Fair Housing Act (FHA)...

Beware of the Nontransient “Trap”

Beware of the Nontransient “Trap”

I’ve written about the recent amendment to F.S. ch. 82 (Unlawful Detainer) here. The changes to the statute are very helpful to property owners who have unauthorized non-tenant occupants on their property, by enabling the owner to sign an affidavit with the sheriff’s...

The 7-Day Notice to Cure: Landlord’s Primer

The 7-Day Notice to Cure: Landlord’s Primer

A common notice that landlords use in Florida regarding tenant violations other than non-payment of rent is what is known as the 7 Day Notice to Cure and 7 Day Notice to Terminate (non-curable violation). These notices are governed by F.S. 83.56(2)(a) and (b) and...

Florida Landlord Guide to Competing Accommodations

Florida Landlord Guide to Competing Accommodations

In student housing and roommate-based tenancies, landlords sometimes face challenging situations when one tenant's reasonable accommodation conflicts with another tenant's rights or medical needs. A common scenario involves the introduction of an emotional support...

How to Prepare a Rent Payment Ledger

How to Prepare a Rent Payment Ledger

As a landlord, it is important to have an accurate and easy-to-read rent payment ledger. There are software programs, of course, that can assist you in this regard, but landlords should know what kind of rent payment ledger they should use, especially if an eviction...