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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.
Trusts are powerful estate planning tools that offer individuals flexibility, control, and peace of mind when it comes to managing their assets and providing for their loved ones. In Florida, understanding the distinctions between revocable and irrevocable trusts, as well as living and testamentary trusts, is crucial for individuals seeking to establish an effective estate plan. In this blog, we'll explore these differences, their implications under Florida law, and the unique benefits they offer.
A Florida Appeals Court ruled this month that law enforcement have no expectation of privacy while in their official roles/while on duty. As such, Florida’s 5 District Court of th Appeals (5 DCA) has now stated that in Florida the state’s long-standing law against recording th telephone calls without the permission of all parties to the call does not apply to calls with law enforcement officers.
The important distinction between wedding and engagement rings is that the engagement ring is considered a gift that occurs before the marriage whereas the wedding rings are viewed as gifts during the marriage.
Too often. we see family law cases wherein the parents have hostile communication, or one party is particularly high conflict with the other parent. In these circumstances, the Court may impose conditions regarding the communication between the parties to keep communication civil and on a need-to-know basis.
In general, Florida courts consider a child’s current best interests and the family’s present circumstances when ordering a parenting plan in a dissolution of marriage or paternity action. Prospective-based analyses of children’s future best interests are to be avoided. There is a recent trend, however, in allowing for timesharing planning and adjustments around future events if an event is “reasonably and objectively certain to occur at an identifiable time in the future,” i.e., when the use of a crystal ball is not needed.
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.
Different digital assets
In an era where our personal and professional lives are increasingly conducted online, the significance of digital assets cannot be overstated. From cherished memories stored on social media platforms to cryptocurrencies representing significant financial holdings, our digital footprint is substantial. Yet, amidst the intricacies of estate planning and probate administration, the treatment of these digital assets often remains a neglected aspect. In Florida, a state renowned for its proactive approach to legal matters, the disposition of digital assets is governed by a framework that seeks to reconcile traditional probate principles with the complexities of the digital age.
Rice Law Firm closely follows the changes in Florida law, each year, on many legal matters, including marital and family law, as shown from our previous blogs. As an update on the issue of equitable distribution in a dissolution of marriage case in the state of Florida, both chambers of the Florida legislature, during the recent 2024 Florida legislative session, approved some important changes to Florida Statute 61.075, which is referred to as the equitable distribution provision.
Florida Statutes create the guidelines for establishing the child support obligations from one parent to the other, but what happens if the obligated parent doesn’t pay the ordered child support?