An interesting ruling came down this week in an Airbnb case stemming from tenants illegally offering apartments for short-term rentals in violation of their lease agreements in South Florida.
Background
Bay Parc Plaza Apartments filed suit in 2017 against Airbnb
The Legal Scoop on Southwest Florida Real Estate
The Legal Scoop on Southwest Florida Real Estate, published by Henderson, Franklin, Starnes & Holt, P.A., focuses on legal issues related to real estate and land development in Southwest Florida. The blog covers topics such as local land use regulations, zoning changes, real estate transactions, landlord-tenant matters, property development challenges, environmental regulations affecting wetlands, and legislative updates impacting comprehensive planning. It also addresses practical concerns for landlords and developers navigating Florida's unique real estate market and regulatory environment. The content is tailored to inform property owners, developers, and legal practitioners about evolving laws and policies shaping real estate in the region.
Latest from The Legal Scoop on Southwest Florida Real Estate - Page 11
It’s Now Easier to Preserve HOA Restrictions… for Some
Last year, I wrote an article warning homeowners’ associations (“HOAs”) that the enforceability of their covenants and restrictions (“Covenants”) may be affected by the Marketable Record Title Act (“MRTA”). In simple terms, MRTA can eliminate the effectiveness of recorded Covenants…
What Are My Private Property Rights in Florida Against Unlawful Land Development Exactions?
Unlike certain “unalienable rights” granted to citizens under the United States Constitution, property interests are traditionally understood to have been created by a number of independent sources such as statutes, ordinances, or contracts. The general concept of property…
Appellate Court Rules in Favor of Florida Property Owner Under Bert Harris Act
By Carlos Kelly
In something of a rarity, an appellate court has written an opinion in favor of a property owner bringing a claim under The Bert J. Harris, Jr., Private Property Rights Protection Act.
My Commercial Tenant Quit Paying Rent, Now What?
Not Your Property? Then You’ve Got No Claim Under the Bert Harris Act
By Carlos Kelly
Last year, the Florida Supreme Court issued an important opinion on property rights that you need to know about if you own real estate in Florida. I had written a blog post right after the decision, but a case I…
