A Florida Quiet Title Action is where the Plaintiff requests that the Court order/declare that he/she or the corporation has the sole legal title to real estate within Florida. More specifically, Florida Quiet Title Actions help an Owner clear title. For example, the named Defendants may be individuals, corporations, municipalities and/or government that can potentially have an interest/ownership in the real estate.
The word “quiet” remains to clear title or remove any clouds on title to the real estate.
In Florida, Chapter 65 of the Florida Statutes details the procedures and action for quieting title. Florida Quiet Title Actions are filed in Circuit Court and are essentially requesting that the Judge enter a Final Order to “quiet” title to your Florida property. In most cases, Florida Quiet Title Actions do not ask the Judge for monetary awards or damages, but simply asks the Judge to remove any clouds on title and to render who has legal title to the Florida property.
Under most purchases and sales of homes in Florida, a title insurance policy will protect you against claims to your property; however, a title insurance policy does not remove clouds on legal title. We always recommend title insurance policies and title searches to ensure that there are no encumbrances on the property before a purchase. If you need assistance with any title related matters, contact Mr. Shipp’s Title Company: Clear2Close Title & Escrow, LLC @ (561) 600-0448.
A Florida Quiet Title Action is typically initiated after a tax deed sale as a buyer of a tax deed sale cannot obtain title insurance without a Florida Quiet Title Action. Any purchaser of a tax deed sale would want marketable title and must then initiate a Florida Quiet Title Action.
The experienced Attorneys and support staff @ The Law Office of Ryan S. Shipp, PLLC are here to help with all of your Real Estate needs. Call us today @ (561) 699-0399 or visit us on the web @ shipplawoffice.com.
Did you receive a Florida Three Day Notice? In Florida, the first step in the eviction process for non-payment, a landlord is required to give a tenant or tenants notice of intent to terminate the lease agreement (see Florida Statute 83.56 regarding notice). If the tenant has failed to pay the full amount of rent due, the landlord must give notice, via personal service, substitute service, or conspicuous posting at the property, stating what amount of money is owed, the landlord’s name and where the past due amount can be paid.
Once the Florida Three Day Notice has been served upon the tenant(s) they have three (3) days, Monday through Friday, excluding weekends and holidays, in which to either pay the full amount of rent owed or vacate the property. Vacating the property must include surrendering the keys to the landlord or their representative. If the tenant(s) do either of those things the landlord is unable to proceed with the eviction process, as there are no longer grounds to evict the tenant(s).
If the tenant(s) do not vacate the property or pay the full amount required in the Florida Three Day Notice, the landlord is able to proceed with the eviction process by filing a complaint for eviction with the appropriate court.
If a tenant(s) receive a summons from the court stating that a complaint for eviction has been filed, but did not receive the proper Florida Three Day Notice, the tenant(s) may file an answer with the court stating that they did not receive a proper Florida Three Day Notice and the court will presumably not allow the eviction process to continue until the Florida Three Day Notice is corrected, only the tenant places the amount in controversy into the Court’s Registry.
If you’re a landlord or tenant in Palm Beach County or you need assistance with a Florida Three Day Notice, call your Eviction Attorneys today at The Law Office of Ryan S. Shipp, PLLC. Our experienced Eviction Attorneys are here to assist with all of your Florida landlord tenant needs. Call us today @ (561) 699-0399.
A Florida Notice of Non-Renewal (residential tenancy) can be drafted by either the Landlord (Owner, Manager, Agent) or the Tenant. The Florida Notice of Non-Renewal gives the other party to the Lease notice that at the end of the Lease term, the party providing the notice will not be renewing for another year. Your Florida Lease will break down the exact amount of time of notice you need to provide. However, pursuant to Florida Statute 83.575, the Lease may not require more than 60 days’ notice from either the Tenant or Landlord regarding non-renewal.
Another important point that is important to note is that if a Tenant fails to give the required notice to the Landlord before vacating, the Tenant may be liable for liquidated damages if the Landlord provides a Florida Notice of Non-Renewal to the Tenant specifying the Tenant’s obligations under the notification provisions of the Lease. After the Lease term expires, If the Tenant remains on the property with the permission of the Landlord and fails to give the Florida Notice of Non-Renewal, the Tenant is liable for an additional 1 month’s rent.
If the tenancy has no specific term, the tenancy may be terminated by either party giving written notice in the following time frame: year to year tenancy is by giving not less than 60 days’ notice; quarter to quarter tenancy is by giving not less than 30 days’ notice; month to month tenancy is by giving not less than 15 days’ notice; and week to week tenancy is by giving 7 days’ notice.
A Florida Notice of Non-Renewal can be for any reason as long as it is not made for discriminatory purposes. Need assistance with drafting a Florida Notice of Non-Renewal?The Law Office of Ryan S. Shipp, PLLC is here to help. Call us today at (561) 699-0399. We are located in Lantana, Florida. We serve South Florida.
***Please see below Sample Florida Notice of Non-Renewal for a month-to-month tenancy.***