Blog

Author: Jena Conley, Volusia County Attorney

Someone signing a contract

Contracts are a vital legal tool, serving as a foundation which governs agreements made across a wide range of situations. Individuals, businesses, and other entities rely on contracts to define their rights and obligations. A breach of contract occurs when one party fails to meet their obligations, often causing harm and damages to the other […]

A will is a written document controlling the disposition of property after death. Wills are essential if you wish to control who your property goes to and how it is distributed after you pass away. Without a valid Last Will and Testament, your property will be distributed according to Florida’s intestate succession laws, which might not align with your individual wishes.
Having a proper power of attorney in place is crucial in the event you cannot manage your own financial or legal decisions due to illness, age, absence, or unforeseen circumstances.
It can be challenging to co-own real property, especially when there is a disagreement on whether to sell or keep the property. A partition action to force the sale of property may be necessary if co-owners cannot come to an agreement. The concept of a forced sale can be troublesome to certain co-owners, especially if it was inherited from family members. Florida adopted the Uniform Partition of Heirs Property Act to address the issues many heirs face involving inherited property.

A common issue in property rental is recovering possession of the dwelling when a tenant refuses to vacate after their lease ends. Residential leases may terminate due to a material breach, failure to pay rent, or the expiration of the leasing term. Even when the lease is terminated, landlords often encounter situations where tenants remain […]

Balancing the rights of tenants and landlords, Florida law specifies several practices that landlords are prohibited from engaging in. Such practices are outlined in Section 83.67, Florida Statutes, which also provides the remedies available to tenants if a landlord violates these provisions. For landlords, understanding these laws are essential to avoid unintentionally committing prohibited acts. […]

Right to withhold rent in Florida.
Often, a tenant may decide to withhold rental payments when their landlord fails to perform their duties as required under Florida law and the lease agreement. While Chapter 83, Florida Statutes, does permit tenants to withhold rent under certain circumstances, the process and procedure can be confusing and complex. Understanding Florida law and the terms of the lease is crucial for both landlords and tenants to uphold their responsibilities and protect their rights.
A partition action is a legal proceeding involving jointly owned property. Owning real estate with another can be fraught with many challenges and disagreements. Unfortunately, not all disputes can be resolved amicably. In instances where owners cannot reach an agreement on whether to sell their property or the specifics of its sale, a partition action may become necessary.
Landlords are often faced with a difficult decision when a tenant unexpectedly moves out. These decisions are even more complex as landlords try to navigate Florida law and the terms of the leasing agreement. When a tenant moves out before the agreed upon date, it is crucial to examine the law and the lease to remedy the situation in a lawful manner.
While eviction and unlawful detainer both involve the removal of another person from your property, they are two distinct and separate causes of actions despite their apparent similarities. Understanding the specifics of the situation and the law is crucial in choosing the appropriate legal court for removing an unwanted occupant from your premises.