Real Estate

Landlord Tenant

Take preventative action

There may come a time during a tenancy when a landlord tenant dispute arises. These disputes can occur over many different issues, including but not limited to, paying rent, mold, repairs, early termination, and the security deposit.

Contacting an attorney as soon as the issue arises could be the difference in a favorable outcome.

Security Deposits disputes come across our desks often. In some situations when a landlord doesn’t follow the proper procedure in returning the security deposit the tenant could be entitled to civil theft claim amounting to three time the value of their security deposit. You work hard for your money don’t risk losing it.

The following statute is Florida Statute 83.49 that pertains to security Deposits. We have provided the link for your convenience.

construction lien & foreclosure

FLORIDA CONSTRUCTION LIEN LAWYER

Liens are a powerful remedy for non-payment, but it is critical to prepare and file a lien correctly for it to be enforceable. A core component of our construction law practice at Mindrup | Samole, PLLC involves addressing issues arising under the Florida Construction Lien Law. Our attorneys regularly counsel owners, contractors, and subcontractors as to their rights and obligations under this complex body of Florida law, providing a valuable perspective and in-depth understanding of the business of construction professionals that few law firms in the area can offer.

Help with All the Forms Necessary to Comply with the Florida Construction Lien Law

The Florida Construction Lien Law was enacted by the Florida legislature with the goal of protecting the rights of all parties to the construction process, including owners, contractors, and subcontractors. We help with the drafting and interpretation of all the various forms contemplated by the Florida Construction Lien Law, including:

Notices of Commencement
Notices to Owner
Sworn Statements of Account
Lien Releases
Payment Bonds
Claims of Lien

Lien claims are technically demanding and require proper documentation, precise timing, and careful attention to the detailed requirements of the Florida Construction Lien Law. Mindrup | Samole, PLLC provides advice and assistance to companies to establish basic lien compliance procedures. We also prepare and record claims of lien and represent contractors and subcontractors, as well as property owners, regarding construction lien foreclosure actions and defense of such actions.

It’s important for all parties to a lien claim to understand that any failure to meet the requirements of the Florida Construction Lien Law will potentially defeat a lien claim. All forms need to be completed in detail, referencing the legal description and address of the property at issue, and the precise amount of the lien claimed. Mistakes or omissions in address, legal description, the basis for the claim, signatures, notarizations, and/or the exact amount owed on the claim can all become issues that jeopardize the claim, for better or worse depending on which side of the action you’re on. Our Florida construction lien lawyers are knowledgeable in all lien matters and foreclosure actions, and have prior experience prosecuting and defending Florida lien claims at all stages of the lien claim process.

Talk to an Experienced Florida Construction Lien Lawyers about Filing or Defending a Lien Claim Today

The applicability of the Florida Construction Lien Law to a particular case is very fact-specific and should be discussed with an experienced construction law attorney to determine whether and how the provisions of the law apply. Mindrup | Samole, PLLC can provide the assistance you need in all lien-related matters. Do not hesitate to contact us to protect your assets and property or recover money owed to you.

Variances & Zoning

Let us ask for permission.

A variance is, generally, permission for a landowner to go outside the limits of the zoning code, and to build something which would otherwise be illegal under the terms of the zoning code or land development regulations.

The reason or rationale behind the law allowing variances at all is that in some situations, the literal application of the zoning code would create such a "hardship", that it would not allow any use of certain parcels of property whatsoever.

Without the flexibility to allow some reasonable use of the property, such totally prohibitive zoning would constitute inverse condemnation, subjecting the zoning authority to liability for a "taking". Askew v. Gables-by-the-Sea, Inc., 333 So.2d 56 (1 DCA 1976). Thus, the legal justifications for variances, and the threshold criteria for determination of a "taking", are closely related. (See, below, criteria for granting variances, when is it a taking not to allow a variance).

A variance is sometimes mistakenly believed to be simply a tool for allowing a more intense use than would otherwise be allowed. As such, it needs to be distinguished from a special exception or conditional use.

A "special exception" or conditional use is specifically authorized in that zone, but will be allowed only if specific, listed criteria for that special exception or conditional use are met. A variance is specifically prohibited in that zone, but will be allowed only if necessary to prevent a "taking", i.e., if no authorized use is reasonably possible in its place.

Boards of adjustment have sometimes been unclear on this distinction, granting variances as a convenient expedient to avoiding the zoning and land development regulations. The criteria for obtaining variances are theoretically very strict, and the grounds for overturning illegal variances relatively easy to prove if sufficient facts and discussion of a legal hardship is not placed in the record.

Premises Liability

Slip and Fall

Sounded in Negligence, “slip and fall” and “trip and fall” cases can be difficult to prosecute in Florida. A slip and fall injury is often the result of the property owner’s negligence. In Florida, a person injured from a slip and fall accident will likely face the “Open and Obvious Doctrine” which may bar, in whole or in part, your claim. Also, beware the law of Comparative Fault! What is needed to overcome these barriers, is well-documented evidence of the dangerous condition. For example, evidence that the owner knew or should have known of the dangerous condition and did nothing, is some of the evidence we seek to collect prior to prosecuting a claim of this sort. We urge you to consider hiring an experienced attorney who knows the best way to prosecute the claim to recover compensation, or “damages” for you, such as ourselves.

Many times, conditions on another’s property can be unreasonably dangerous and may not be readily known to you. If you have been injured on another person’s property or even a business, you really should speak with an experienced attorney.

If you are a party to a slip and fall or have been hurt on another’s property, feel free to give us a call. As always, our initial consultations are free.

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