In an unpublished opinion from the 11th Circuit Court of Appeals, a three-judge panel unanimously reversed summary judgment which had been entered in favor of a property management company — Paradise Beach Homes (“PBH”) — in a premises liability suit
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 8
How/When Can I Get Double Rent From My Commercial Tenant?
Under Florida law, a landlord has a statutory right to demand double rent from a tenant when the tenant refuses or fails to give up possession of leased premises at the end of the lease term. § 83.06(1), Florida Statutes.…
5 Tips for Selling Your Home Without a Real Estate Agent
New Legislation Impacting Florida Construction Defect Litigation
Section 624.1055, Florida Statutes, is part of the recent Omnibus Insurance Bill, HB 301: Contribution Rights Among Insurance Carriers. This new legislation impacts those involved in Florida construction defection litigation and applies to claims, suits or other actions initiated…
1980 — still crankin’ out the hits…and the case law!
By Carlos Kelly
Do you remember the 80’s? I sure do, Blondie sang Call Me and The Empire Strikes Back came out and we learned that Darth Vader was Luke’s father (still unbelievable nearly 40 years later)! More importantly, the First District Court…
New Property Fraud Alert Service Available to Lee County Property Owners
Did you know that liens can be filed on your real property without your knowledge or consent, even if they’re not valid? Did you know those liens can affect title to your property? Did you also know someone can create…
Potential Title Insurance Pitfalls When Transferring Property into a Trust or LLC
As a real estate attorney, one request I often receive from clients is to prepare a deed to transfer their real estate into either a trust (such a revocable trust for estate planning purposes) or an LLC (for liability purposes).…
Notices of Commencement for Infrastructure Improvements: Think Twice Before Filing
Those involved in construction are likely familiar with a Notice of Commencement (NOC). For those who aren’t familiar, a NOC is a document typically required by Florida’s Construction Lien Law to be recorded in the County land records prior to…
How to $ave Money as a Condemning Authority
By Carlos Kelly
There are ways to do this, and I shared a few with the good folks in the Florida Association of County Engineers and Road Superintendents at their Annual Meeting in Orlando. They call themselves “FACERS, ” by the way, which…
Selling Your Condo? 7 Things to Know About the Condominium Rider to a Residential Contract
Sellers of condominium units often rely on their realtor to make sure the proper disclosures are made in the contract. The Florida Bar and Florida Realtors have adopted a form Condominium Rider which provides not only the disclosures required by…