Author Archives: Jay Butchko
Should I Buy A Florida Home With A Lien On It?
A lien is a claim made against assets, such as a home or a vehicle to ensure that a debt is paid. For example, manufacturer’s liens are commonly placed on new homes to ensure that the construction crew who made the home is fairly compensated. The home (or other asset) is collateral, and if… Read More »
Limited Common Elements In Condo Associations
Florida law defines ‘common elements’ as any part of a condo property that is not in the units themselves. In general, common elements can be used by any resident of the condo building or buildings. That said, ‘limited’ common elements are a different type of entity, reserved only for the use of a certain… Read More »
Partition Actions In Florida Real Estate
When a property is jointly owned by owners who disagree on its best use, the most appropriate remedy is often partition. Partition is a civil action designed to sell property while ensuring that the owners are both properly compensated for its loss. There are many different reasons for partition, but regardless of which one… Read More »
What Is The Warranty Of Habitability In Florida Landlord-Tenant Law?
In Florida and many other states, tenants have an implied warranty of habitability in their homes. This means that a landlord is required to furnish the basic essentials that a tenant needs in order to live comfortably. While there is a statute that governs the specifics required of a landlord, the warranty itself is… Read More »
Florida Legislature Passes Changes To Short-Term Rental Regulations
The issue of short-term vacation rentals has been a pressing one for the Florida real estate market, with multiple parties weighing in on the positives and negatives for some time. In the legislative session that ended in March 2024, though, the Florida legislature acted decisively, passing a bill that gives the state more power… Read More »
Selling Your House In Florida?
After a period in flux, the Florida real estate market is beginning to stabilize as of this writing. In general, the market is underperforming, but it is still growing. In January 2024, the average price of a home was around $404,000, which is a 4.5 percent rise year-on-year. As one might imagine, the uptick… Read More »
Does The Sunshine Law Apply To Community Associations?
The Sunshine Law is a law on the books in Florida that states that any records made or received by a public agency “in the course of its official business” are available for inspection by the general public, barring certain limited exceptions. Over time, the definition of ‘public records’ has expanded, including more and… Read More »
When A Tenant Breaks A Lease
Few tenants sign a lease with the intention to break it or leave the premises before its conclusion – but sometimes, life happens, and they may need to depart suddenly. Doing so is called breaking a lease, and while some of these situations can be settled between the landlord and the tenant, sometimes it… Read More »
Prepping For Hurricanes While Buying Florida Property
Many prospective property owners in the Sunshine State are well acquainted with the state’s hurricane season, and are ready and willing to put in the work to protect their new homes. However, there are many situations in which a buyer or new homeowner can be caught by surprise, most often because of a lack… Read More »
Adverse Possession & Florida Real Estate
A person generally likes to think that once they have purchased a piece of Florida real property, they own it without having to worry about it being seized by anyone (other than the government in certain situations). In reality, there is a concept called adverse possession that allows another person, under circumstances, to take… Read More »