Widerman Malek Law Blog

Do the Non-Smoking Laws Apply to Legalized Marijuana?

Since the legalization of marijuana, many landlords are finding it hard to find a clear delineation on whether or not they can let their tenants know that their buildings and apartments are smoke free zones, including marijuana. However, many of the rules and laws regarding the renting of properties have not been changed to include […]

The Civil Risks of a Landlord

A landlord has a lot of responsibility, including providing a safe and secure place for his tenants to live. In addition, however, he has a financial responsibility to his tenants. For example, if a security deposit is not being returned, there has to be ample evidence for keeping that deposit in order to avoid the […]

Can you Sue your Landlord?

Florida backs up renters by giving them the opportunity to sue their landlord if they are not being treated right. Now this does not mean that you can sue your landlord because you are unhappy with the amount of rent that he is charging or the color of the furniture he put in the apartment […]

Oral Modifications to Written Lease/Rental Agreements: Are They Valid? Vol. 1

I have been approached lately with the issue of oral modifications made outside the main written lease/rental agreement and what impact they have on the lease/rental agreement. Are they valid? Are they enforceable? If the landlord doesn’t live up to his end of the oral modification, do I have any recourse? What do I do? […]

Loan Modification, Stipulated Judgment, Deed in Lieu,…What do you do?

Loan Modification, Stipulated Judgment, Cash for Keys,…What do you do?

It is best to talk to an attorney before you ever get to the point where you start falling behind on your mortgage. Before things start to go downhill too much, you might be able to save yourself a lot of future problems by talking with a professional up front. Having said that, if you find yourself at the point where you have already missed a mortgage payment, or several, you likely still have several options available. For the purposes of this article, we will assume that the mortgage is on your Florida homestead property.

Construction Liens, Landlords, and Tenants

Construction Liens, Landlords, and Tenants

A landlord can be liable for a construction lien (or mechanics’ liens) if the landlord fails to take proper precautions or fails to timely respond to a contractor or other lienor. An “owner” must sign the notice of commencement for construction or improvements to begin on a premises.

Will a Tenant get their security deposit?

By: J. Mason Williams IV I have been asked several times whether a person can get their security deposit back.  Often times, they tell me that they cleaned everything up and the landlord still won’t give them their deposit back.  Why not and what can I do?   Well, first you have to review your […]

Laws Regarding Home Fencing

This spring homeowners may be thinking about sprucing up their properties’ curb appeal. Fences are a popular choice among homeowners to add instant curb appeal to a home. Fences not only aesthetically enhance a home, but they also act as privacy divider.  Are you contemplating installing a fence around your property?  If so, it is […]

Beach Easements: Are Private Beaches Truly Private?

Rhode Island, known as the Ocean State, has a beautiful coastline on the Atlantic Ocean.  Its private and public beaches are enjoyed throughout the summer months by residents and tourists alike.  One day as a teenager I ventured forth with friends onto a private beach in Newport.  We were hoping not to be noticed if […]

Do you always have to pay rent?

The short answer is no, you don’t always have to pay your rent, but the circumstances that allow you to make partial payments, or to stop paying altogether are very limited.  In short, generally you need to pay your rent.  You might win a case and get that rent returned or get something fixed, but […]

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