Author Archives: Jay Butchko
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 »
Clarifying New Laws For Condominium Buildings After Surfside Collapse
After the collapse of Champlain Towers South in Surfside in June 2021, Florida’s legislature sought to learn from the tragedy. In time, they passed laws seeking to limit the possibility of a similar disaster in the future, including increasing the frequency and requirements of ‘milestone’ inspections, and pledging to base their future plans on… Read More »
Do I Have To Join My New Home’s HOA?
A prospective Florida home buyer is a person who has fairly firm preferences on what they are looking for in a place to live. Many, especially those coming from out of state, are firmly set against joining a homeowners’ association (HOA). However, data from Today’s Homeowner shows that around 45 percent of all Floridian… Read More »
How To Keep An Eviction Legal
If a landlord and a tenant enter into a lease contract, both parties are required to act in a way that upholds the terms of the lease at all times. This includes the terms that govern breaking that lease or otherwise terminating it, such as by eviction. A landlord must conduct an eviction in… Read More »