Category: News

On July 1, 2013 new laws regarding landlord/tenants, renting your homestead property and as to squatters rights became effective in Florida. As to rights effecting landlords and tenants, Fla.Stat.§83.64 was amended to provide that residential landlords may not retaliate against their tenant if the tenant has paid rent to a condominium, cooperative, or homeowners’ association after demand is made by the association in order to pay the landlord’s obligation to the association. 

A real estate contract is an agreement between the Owner/Seller of a house and a Buyer.  The parties have to agree on the following issues:    1.  Price.   The parties have to agree on the price of the home.  Retaining a knowledgeable realtor is a good first step in determining the value of the home. 

Jim Rose shared his views in a recent Daytona Beach News Journal Business article. Local real estate attorney Jim Rose, who tracks foreclosure filings in Volusia County on a weekly basis, described the drop in foreclosure filings in Volusia County as “precipitous,” adding that foreclosure filings continue to be down so far this month as well.

Recently, Christene M. Ertl, Esq. spoke to Volusia County’s Building Association Managers group to provide an update on the recent changes to Florida laws that will have a big impact on Condos and HOAs.  Most of these changes went into effect on July 1, 2013.  

Absent a contractual modification, the law generally holds that a Landlord is not liable for injuries sustained on a rented property during the term of the lease.  There are, however, a few exceptions based on the theory that at times the Landlord is in a better position than the Tenant to prevent a certain injury.

In my practice of family law, I am often asked during consults by prospective clients, who have been served with divorce papers, if they need to file a written response to the Petition for Dissolution of Marriage.  My first and immediate response is always yes, and I then confirm when they have been served.  This is important, for the law in Florida is that the person served must file a written response within 20 days after the date of being served. 

In dissolution of marriage (commonly referred to as divorce) cases in Florida, the concept of equitable distribution is utilized as opposed to community property when distributing assets and liabilities.  Equitable means fair not equal.  The first step in the equitable distribution process is to identify all assets and liabilities of the spouses. Then those assets and liabilities are characterized as either marital, non-marital or a hybrid of both. 

Using an old Daytona 500 NASCAR race expression, the second Rice & Rose Sprint Triathlon on July 14, 2013, enjoyed "Bill France Weather."  Pictured here are Paul Rice (wearing the Tour de France's King of the Mountains red polka dot jersey) his son, Paul III, and daughter, Haley, who helped out at the race. 

The “Florida Residential Landlord and Tenant Act” governs the relationship between landlords and tenants when they enter into a residential rental agreement.  On June 7, 2003, Governor Scott approved CS/HB 77 which serves to change certain laws in the Residential Landlord and Tenant Act as of July 1st.  Below are three of the major changes that recently became law. 

The first Rice & Rose Sprint Triathlon was held on June 30, 2013, at Frank Rendon Park in Daytona Beach Shores, Florida.  Partner, Paul Rice, pictured here second from right, was on hand for the race and the trophy presentations.