Lake Worth FL Tenant Attorney

Shipp LawLake Worth FL Tenant Attorney

Tenant(s) Rights Representation in Lake Worth, Florida

Is your Landlord Evicting you?
Is your Landlord Evicting you without proper Court procedures?
Is your Landlord discriminating against you?
Is your Landlord refusing to make necessary repairs?
Is your Landlord not fulfilling his/her promises?
Is your Landlord refusing to return your security deposit?
Has your Landlord shut off your utilities or retaliating against you?
Have you been injured or made ill?
Has your property been damaged?

In a perfect world, a Tenant wouldn’t deal with any of these aggravating issues. However, we don’t live in a perfect world. When you have issues and are in a bind, we have solutions. Renter(s) have rights too! The Law Office of Ryan S. Shipp, PLLC is here to help. We are Eviction Lawyers. Call us @ (561) 699-0399 to set-up your free consultation at our Lantana, Florida office location.

FL Condominium Association Attaches Unit Owner’s Rental Income

Q: FL Condominium Association Attaches Unit Owner’s Rental Income

A: The short answer is that a Condominium Association (“Association”) may go after a unit owner’s rental income in Florida if the unit owner is delinquent on dues and assessments.  Pursuant to Florida Statutes, Section 718.116(11), if a unit is occupied by a Tenant and the unit owner is delinquent on dues and assessments due and owing to the Association, the Association may send a written letter to the Tenant that the Tenant pay to the Association all future monthly rental payments until the delinquency is paid in full.  The Tenant has an affirmative obligation to make all the monthly rental payments, pursuant to the Residential Lease, to the Association instead of the unit owner.

The Association must provide the Tenant with written notice either by hand delivery or via United States mail.  A verbal demand will not suffice.  The Association must also mail the written notice to the unit owner.  Thereafter, if the Tenant makes the monthly payment to the Association, the unit owner cannot state that the Tenant has not made his/her monthly rental payment and should therefore, be evicted.  Further, the Tenant has no obligation to make more than the monthly rental payment pursuant to the Residential Lease with the unit owner.

The remedies available to an Association is that the Association may sue for eviction as if the Association were a Landlord if the Tenant fails to pay the required payment pursuant to the written demand.  This is important because the Association can stand in the shoes of the unit owner but only for eviction purposes.  The Association in not otherwise considered a Landlord under chapter 83, Florida Statutes.  Have a similar issue? The Law Office of Ryan S. Shipp, PLLC is here to help. We are boutique law firm that caters to our clients with a hands-on approach. Call us today at (561) 699-0399 to set up your free 20-minute consultation.  We are located in Lantana, Florida.  We serve South Florida.

 

Florida Asset Protection

Many people choose to move to Florida for the enjoyable climate, numerous attractions, outdoor activities, and easy living.  What many people don’t realize, is the fact that Florida is an attractive state in which to live, due to attractive tax and asset protection laws.  Over the coming weeks we will examine different aspects to Florida tax and asset protection laws, and how you may take advantage of those laws to financially benefit you and your family.  This week we will focus on a unique Florida law for asset protection: Homestead Property.

Homestead Property in Florida

Florida is one of only a few states that protect homestead property from creditors claims.  Most creditors cannot force the sale of homestead property to satisfy their claims.  The Homestead Exemption in Florida is a very strong form of asset protection because it is contained in The Florida Constitution, Florida Statutes, and has been upheld in Florida courts.

How do you qualify your property as Homestead in Florida?

Florida allows for property to the extent of one-half acre in a municipality to qualify as homestead.  As much as 160 acres of property can qualify for homestead if it is located outside a municipality.  Persons owning property in Florida must take several steps to qualify for the Homestead Exemption.  A person or persons must have legal or beneficial title to the property, intend to permanently reside in Florida, reside on the property, and intend to make the property their primary residence.  Additionally, the property must be owned by a natural person, not an LLC or corporation.

Limitations to the Homestead Exemption in Florida

The Homestead Exemption is a great tool for asset protection, however there are some limitations to its protection.  Any liens that existed before the property qualified as your homestead can be satisfied through a forced sale.  Furthermore, the Homestead Exemption will not protect your property from tax liens, condominium or HOA assessments, mortgages, or liens incurred to repair or improve the property.

If you are interested in how you can take advantage of Florida’s Homestead Exemption to your advantage contact The Law Office of Ryan S. Shipp, PLLC to help you with your needs.  Call us today @ (561) 699-0399 or set-up an appointment to come visit us at our Lantana, Florida office location.

Next week the series will discuss Florida’s favorable income tax laws, especially in relation to individuals with homes in other states.

Florida Condominium Law – Changing the Allocation of Assessments

Florida Condominium Law

There are many condominium communities in Florida that contain different sized units.  One area of contention that surfaces between unit owners, is how assessments are allocated between different sized units.  Allocation of assessments are set forth in the declaration of condominium.

According to current Florida law, condominium units can share the expenses equally, or based on the square footage of each unit.  When a community with different sized units has an original declaration stating that all units will share equally in the common expenses, issues can arise.  Many times owners of smaller units take the position that they should pay a lower percentage of assessments, and they want to change the declaration regarding assessment allocation.  The only way to change how assessments are allocated, is to amend the declaration.  This may sound simple, but to change assessment allocations is quite difficult.

Florida Statute 718.110(4), states that unless otherwise allowed in the original declaration of condominium, the record owners of all units and all record owners of liens on the units must approve any change to the assessment allocation.  Most condominium declarations do not provide for a different method to change assessment allocation, therefore in most cases all unit owners need to approve any changes to assessment allocation.  Florida condominium associations and condominium unit owners should consult an attorney before taking any action to change assessment allocation.

The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your condominium association and homeowners association needs.  We are a boutique that caters to our clients with a hands-on approach.  Call us today  @ (561) 699-0399 or set-up an appointment to come visit us at our Lantana, Florida office location.

Filing Florida Eviction

Shipp LawFiling Florida Eviction? Section 83.59, Florida Statutes, permits the landlord, the landlord’s attorney or a landlord’s agent to file a complaint for removal of a tenant.  As determined in Fla. Bar Re: Advisory Opinion Non-Lawyer Preparation of and Representation of Landlord and Uncontested Residential Eviction, 627 So. 2d 485 (Fla. 1993), the landlord’s agent is not permitted to take any other action that the filing of the complaint unless the Landlord’s agent is an attorney.  If the signer of the complaint is a property manager of the subject property, he or she must file a Landlord’s Authorization to move for a Default and to obtain a Final Judgment and Writ of Possession on behalf of the Landlord in an uncontested eviction.

The Landlord’s Written Authorization cannot serve to designate the property manager as the Plaintiff in the Eviction action or to authorize the manager to seek recovery of past due rent.  The Landlord’s Written Authorization must state that the Landlord grants the property manager authority to act on his or her behalf, which includes acting on the Landlord’s behalf involving tenant evictions.  It is important to get this distinction correct because it can delay the eviction process significantly.  The Law Office of Ryan S. Shipp, PLLC is here to help.  Call us today at (561) 699-0399 to set up your free 20-minute consultation.  We are located in Lantana, Florida.  We serve South Florida.

Purchasing a Yacht or Pleasure Boat in Florida?

Florida is a boating and yachting paradise.  For some, purchasing a yacht or pleasure boat to cruise the waters of Florida and the Bahamas and beyond is the culmination of a life long dream.  The purchase of a yacht or pleasure boat is an exciting prospect; however, some issues must be addressed to avoid costly pitfalls.  Make sure you work with a licensed yacht broker and a competent attorney to guide you through the purchase process.  A licensed yacht broker will help you find the perfect yacht, and a competent attorney will assist you in finalizing the purchase and sale transaction.  When finalizing a yacht purchase, consult with your attorney regarding the purchase and sale agreement, sales and use tax implications, financing, corporate ownership structures, customs, flag state documentation, crew employment contracts, and other related matters.  The Law Office of Ryan S Shipp, PLLC has attorneys with practical yacht industry experience and can handle these matters for you with efficiency, giving you piece of mind with your new adventure. Call us today @ (561) 699-0399 or set-up an appointment to come visit us at our Lantana, Florida office location.

 

Landlord Obtaining Possession Florida

 

Landlord Obtaining Possession Florida? In Florida, there are three (3) ways a Landlord can obtain possession.  Specifically, they are by (1) Eviction (through the Court system); (2) Surrender; and (3) Abandonment.  This brief explanation always leads into the next question, what is Abandonment?  Per Florida Statute 83.59 

(c)…”In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or

(d)  When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative.”

Are you a Florida Landlord?  We are Landlord Attorneys.  The Law Office of Ryan S. Shipp, PLLC is here to help.  Call us today @ (561) 699-0399 or visit us at our Lantana, Florida office location.

 

Landlord Access Florida Property

As a Tenant in a rented property or the Landlord of a rented property in Florida, what are your rights when a Landlord wants to gain access to the property?  Section 83.52 of the Florida Statutes is on point when dealing with this kind of situation.  A tenant cannot unreasonably withhold consent to the Landlord to enter the subject property for the following reasons: (1) to inspect the property; (2) to make necessary or agreed repairs; (3) decorations, alterations or improvements; (4) supply agreed services; or (5) exhibit the property to prospective purchasers, workers or contractors.

However, as the Landlord, you can enter the property at any time for the protection or preservation of the property or upon reasonable notice to the Tenant and at a reasonable time.  The Florida Statutes defines “reasonable notice” is notice given at least 12 hours prior to the entry and between the hours of 7:30 am to 8:00 pm.  Further, the landlord can enter the property when necessary under any of the following circumstances:  (1) consent of tenant; (2) emergency; (3) when the Tenant unreasonably withholds consent; or (4) if the Tenant is absent from the property for a period of time equal to 1/2 the time of periodic rental payments.  This means that if the periodic rental payment is monthly, the Tenant would have to be absent and fail to give notice to the Landlord, from the property for 2 weeks or 14 days.

In all situations, the Landlord cannot abuse the right of access nor use it to harass the tenant.  The Landlord and Tenant must abide by Florida Statutes and the Lease agreement during the tenancy of the lease.  In many circumstances, the Landlord and Tenant are agreeable to a time for necessary repairs to commence as the repairs would better the property and protect against future decay or destruction.  But when a Landlord or Tenant does not agree, that is when confrontations can occur.  The Law Office of Ryan S. Shipp, PLLC is here to help.  We represent both Landlords and Tenants.  Call us today at (561) 699-0399 to set up your free 20-minute consultation.  We are located in Lantana, Florida.  We serve South Florida.

 
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