What does evictions moratorium mean for landlords?

Recently, the U.S. Supreme Court struck down the CDC’s extension of the nationwide Eviction Moratorium which was set to expire on October 3, 2021. The Supreme Court’s conservative majority stated that “The moratorium has put . . . millions of landlords across the country at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recovery. Many landlords have modest means. And preventing them from evicting tenants who breach their leases intrudes on one of the most fundamental elements of property ownership – the right to exclude.”

What does this mean for Landlords? The lift on the moratorium ban has provided immediate relief to Landlords as they can start evicting non-paying Tenants. While some Courts still recognize the right to obtain rental assistance, evictions can now proceed. Due to the moratorium lift, the number of evictions filed have increased. This can cause delays and confusion for your case. And if you are a landlord who is not familiar with the eviction process to begin with, then your confusion can lead to devastating outcomes. Therefore, it is advantageous to hire a lawyer who understands how to navigate the eviction process. While evictions are not complicated, they are nuanced, and it is better to avoid unnecessary delay and potential costs by hiring an attorney to assist you in reaching the desired outcome of your case.

If you are a landlord, the moratorium lift means having a chance at recouping your lost costs. Don’t miss the opportunity because of potential confusion. If you have any questions on how to proceed next, please call our office at (386) 310-7997.

Kistemaker Business Law Group Welcomes new Paralegal/Office Manager

Kistemaker Business Law Group is pleased to welcome Rima Suleiman as the company’s new paralegal/office manager.

Rima Suleiman is a recent law school graduate of Florida State University where she received her J.D. Rima also received a University of Central Florida, B.S. degree in 2017 and graduated cum laude, Order of Pegasus. She is fluent in Arabic and can speak intermediate French. She also has a beginner’s understanding of Mandarin.

In law school, Rima was a judicial clerk to the Honorable Judge Feigenbaum of the Seventh Judicial Circuit Court. She conducted research and produced a thesis paper analyzing COVID-19 and States of Emergency: The Rule of Law and Risks to Civil Liberty.Prior to joining Kistemaker, Rima completed internships with former Florida Senator, Bill Nelson, and former diplomat to the U.S. Department of State, Ambassador Harriet Elam-Thomas. ​Under her direction, Rima researched and produced a case study on The KRG and the Ascent of Women as Political Leaders.

Rima was awarded the Lester N. Mandell Diplomacy Fellowship on behalf of the Global Perspectives Office at UCF and the Global Connections Foundation. Rima was also awarded both the Non-Traditional Literacy Engagement Award and Recognition of Excellence in the College of Arts and Humanities for the 13th Annual Service Learning Showcase at UCF for her volunteer work with children in the public school system.

Pool Safety at Community Association Pools

Florida is hot. And because Florida is hot, we have more pools than nearly every other state (approx. 1.3 million), second only to California (approx. 1.6 million). For community associations, the pool is often the number one amenity offered to its residents. But it could also be the association’s number one liability.

With all those pools, Florida also holds the dubious distinction of having the most child drowning deaths. Drowning also poses a significant risk to medically fragile adults. Pool safety should be on everyone’s mind. The Florida legislature has created safety standards for public pools including barriers, pool covers, door alarms, and devices to disable the pump/drain.

One safety measure that Florida does not require is an emergency phone poolside for public pools. Florida is one of only seven states that do not have an emergency phone requirement (the other states without an emergency phone requirement are Vermont, Pennsylvania, Mississippi, Colorado, Alaska and Hawaii). It is curious why a state with so many pools would not require an emergency phone at public pools.

Community Association pools are considered public pools since they serve more than one living unit or household. Since community associations operate public pools, they can expect children and medically fragile adults to use these pools. While emergency phones are not required by law, they still may save a life.

Hard-wired phones are better than cell phones in emergencies because:

  • Hard-wired emergency phones will give an exact location to 911 operators whereas cell phones only give the cell tower location
  • There is no need to worry about dead cell phone batteries
  • There is no need to worry about intermittent or low cell reception
  • There is no need to worry about unlocking a cell phone with wet fingers on a touch screen, using fingerprint recognition or giving out your PIN to strangers. Anyone can use an emergency phone at the touch of a button.
  • Emergency phones can be used in other circumstances where a cell phone is not available. For example, a child might get accidentally locked out of their home or a cell phone might be stolen from the pool area or fall into the pool.

For the safety of its residents and guests, all Florida community associations should consider installation of an emergency phone at its pool. A red phone could save a life.

When John Lennon wants to Divorce the Beatles

Legendary Sir Paul McCartney recently told the BBC that it was John Lennon who asked for a “divorce” of the Beatles. McCartney was left with the task of petitioning the court to dissolve the business partnership that was “The Beatles,” which gave him the unfortunate reputation of being the Beatle who broke up one of the most beloved music groups of all time. This reputation, says McCarthy, frustrated him for the past 50 years.

The Beatles’ partnership agreement was 2-3 paragraphs long, written on a single sheet of paper. McCartney’s lawsuit finally settled after four years, with the parties reducing their agreement to an 87-page settlement agreement. What started out as a simple agreement between good friends became a protracted battle in the courts.

Business breakups, big and small, can be emotionally and financially taxing. Help prevent this stress by:

  • Enter an operating or partnership agreement with all members/partners at the start of the business enterprise.
  • Keep track of how much money and sweat equity each member/partner is contributing.
  • Create triggering events for termination of the business and buyouts of each other’s interests.
  • Create a means to easily value the business for purposes of a buyout.
  • Put non-compete agreements and non-disclosure agreements in place between members/partners.
  • Create agreements on who owns real and personal property of the business, intellectual property (e.g. trademarks and copyrights), and proprietary information (e.g. client lists, proprietary processes, etc.) upon dissolution of the business.
  • Consult with an experienced business attorney at the formation of the business.

An experienced business attorney can guide you and your business through all stages of the business life cycle. If you are starting a business, or experiencing a business breakdown, contact one of our business attorneys for a consultation.