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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.

Transfer/Screening Fees and Security Deposits

Condominium associations are limited by statute on the amount of fees which can be charged in connection with the transfer of a unit. 

The condominium association must have the right in its governing documents to approve a sale, mortgage, lease, sublease, or other transfer of a unit, in order to charge a fee in connection with such transfer. In addition, Section 718.112(2)(i), Florida Statutes provides that no such fee shall exceed $100 per applicant other than husband/wife or parent/dependent child, which are considered one applicant. This $100 state-mandated cap includes all non-refundable fees charged for interviews, background checks, credit reports, and other costs when people seek to buy or lease a condominium unit in Florida.

This transfer fee should not be confused with a security deposit which may be required, in addition to the transfer fee, if the authority to do so appears in the declaration or bylaws. The amount of the security deposit is also subject to statutory limitations. Section 718.112(2)(i), Florida Statutes provides that an association may, if the authority to do so appears in the declaration or bylaws, require that a prospective lessee place a security deposit, in an amount not to exceed the equivalent of one month’s rent, into an escrow account maintained by the association. This security deposit is intended to protect against damages to the common elements or association property.

A security deposit is to be held by the association and returned to the tenant when the lease is up if the common elements were not damaged by the tenant.

What is a limited proxy

Q&A:Question:What is a limited proxy

Answer: A limited proxy is a proxy that directs the proxy holder to vote on those specific issues and lists the issues that a proxy holder may cast a vote on behalf of an owner. In the condominium and cooperative context limited proxies must be used for any substantive votes by the owners, such as votes to waive or reduce reserves, votes to waive financial reporting requirements, votes to amend the declaration, articles of incorporation or bylaws, and for other matters for which a vote of the owners is required. However, this is not required for HOA’s.

Things to consider before purchasing a condo

Condominiums are a significant segment of the housing market in Florida. However, many prospective condominium purchasers are unaware of condominium concepts or the provisions of Chapter 718, Florida Statutes, the Condominium Act. Below is some important information that should be considered prior to making a purchase.PART ONE: THINGS TO CONSIDER BEFORE PURCHASING A UNIT

  1. What will be your ownership and voting rights in the association?
  2. What will be your percentage share of the common expenses?
  3. Are any special assessment coming up in the near future.
  4. When was the last insurance appraisal or valuation and does the condo have sufficient insurance coverage for the building.
  5. Review the budge.
  6. Determine if the reserves are properly funded.
  7. What are the restrictions on the use of the common elements and the unit?
  8. Are there any leases or contracts associated with the condominium association? If so, what are their terms?
  9. Do you understand all of the provisions of the documents?
  10. Exactly what items will you be personally responsible for maintaining?
  11. Is the condominium development completed? If not, how many units will eventually be added to the condominium development and what impact will they have on the use of the recreational amenities?
  12. What is the proposed schedule for adding units or amenities to the condominium?
  13. Does the developer have the option of not completing certain facilities or amenities?
  14. Does the association have a history of complaints by residents of the condominium?
  15. Is the association currently involved in litigation?
  16. Does the association carry adequate insurance?
  17. Is the condominium property well maintained?
  18. Has the association established reserve funds for future capital expenditures and deferred maintenance projects?
  19. Is the condominium being created a conversion, converting a previously occupied residential structure, what is the condition of the property and will major repairs be required in the near future?
  20. What is the history and reputation of the developer?
  21. Who is sitting on the board of directors
  22. What is the association’s pet policy?
  23. Are there any restrictions on the selling or renting units?
  24. Are there any restrictions on the number of family members or guests who may occupy a

In closing, Gather documentation and review any HOA rules.

Disclaimer: This article is for general informational purposes only and should not be construed as legal advice or a legal opinion on specific facts or circumstances nor a solicitation of legal business. You are urged to consult an experienced lawyer concerning your particular actual situation and any specific legal questions you may have. No attorney-client relationship attaches as a result of any exchange of information.