Author Archives: Jay Butchko

When A Tenant Breaks A Lease
In general, it is never a good idea to break a lease, either as a tenant or a landlord, but there are moments when there may be no other choice. Whether due to harassment, safety issues, or an obligation like being called up to the military, it is important that a tenant’s choosing to… Read More »

What Is A Latent Defect In Florida Real Estate?
If you are looking to purchase real property in Florida, it is crucial to be aware of the obligations on both the buyer and the seller. Transparency is key for both parties, as Florida case law requires that sellers in particular disclose relevant information about the home or land. Failure to do so can… Read More »

Can I Rent Out My Home Or Condo?
Florida’s real estate market seems to constantly be in a state of flux in this day and age, and more and more people are purchasing homes and condos in order to put down roots where they can. However, a phenomenon that is becoming more common in some associations is people or business entities purchasing… Read More »

Why Do I Need Title Insurance?
When someone wants to invest in real estate, there are quite a lot of details to keep straight, and it is all too easy to forget something you may need. Title insurance can make all the difference in protecting your rights to the property you have just acquired, particularly if the seller is less… Read More »

Who Watches The Watchers? Florida’s Condominium Act
According to the most recent available data, Florida is the U.S. state with the second highest number of community associations, with roughly 38 percent of that number being condo boards. Condominium associations are similar to, yet different from, homeowners’ associations (HOAs), requiring different powers for their boards of directors. Florida law has two different… Read More »

Who Owns Florida’s Beachfront?
Florida’s Department of Environmental Protection (DEP) estimates that the state has roughly 825 miles of sandy coastline, serving as an enormous draw for both investors and tourists. Of that mileage, roughly 60 percent is privately owned – but there have been debates for many years as to just who owns the rest. If you… Read More »

Condo Board Members Have A Fiduciary Duty To Uphold
Condominium associations in Florida are usually non-profit corporations, operating primarily for the benefit of the owners in the complex. The board of directors is an even smaller entity, usually elected by the owners to exercise final authority on the day-to-day running of the association. Because of this, board members are held to a high… Read More »

Do I Need Representation As A Real Estate Investor?
The Florida real estate market moves fast, and anyone who wants to invest in it must move fast as well. However, doing so is not without its pitfalls, whether they may come from outside factors or a lack of understanding of terms. Enlisting an attorney to help safeguard your interests can save you considerable… Read More »

My Tenant Won’t Leave!
Both landlords and tenants have specific rights and responsibilities in Florida, clearly laid out in the relevant statute. This includes everything from paying rent on time to observing the beginning and end of the lease. If a tenant fails to leave after a lease has ended, this can lead to serious issues down the… Read More »

Condominium vs Co-op: What’s The Difference?
Florida is home to many different community associations, all governed in different ways. The most common types are homeowners’ associations (HOAs) and condominium associations, but one will also see housing cooperatives (‘co-ops’ for short), which operate in specific parts of the state. If you are moving to Florida, you may be confused about which… Read More »