Articles Posted in Landlord Tenant

Daniel PascaleBy: Daniel T. Pascale, Esq.

Offices located in Delray Beach and Coral Gables, FL

In determining the reasonableness in time of a postterm restrictive covenant (a.k.a. a non compete agreement) not predicated upon the protection of trade secrets, a court must apply the following rebuttable presumptions:

In the case of a restrictive covenant sought to be enforced against a former employee, agent, or independent contractor, and not associated with the sale of all or a part of: (1) the assets of a business or professional practice; (2) the shares of a corporation; (3) a partnership interest; (4) a limited liability company membership; or (5) an equity interest, of any other type, in a business or professional practice, a court must presume reasonable in time any restraint six months or less in duration and must presume unreasonable in time any restraint more than two years in duration

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Daniel PascaleBy: Daniel T. Pascale, Esq.

Offices located in Delray Beach and Coral Gables, FL

Consider a scenario where you have been leasing a residential property in Miami on a month-to-month basis for a little over a year but would like the eventual opportunity to purchase the property.  Over the course of several lengthy conversations between you (the tenant) and the property owner (the landlord), the landlord ultimately agrees to give you the exclusive option to purchase the property once you resolve some old credit issues associated with a prior foreclosure.  After your landlord gives you at least two verbal assurances in one week alone that you have an option to purchase the property and you shake hands on the agreement, you believe that the “deal is done.”  However, after searching on Zillow one week later, you discover that your landlord has listed your property for sale with a broker.  You immediately contact the listing broker and are told that the property is now under contract for sale to someone else and that you have one month to leave.

What are your legal rights in this situation?  Can you sue your landlord to enforce the verbal option agreement that you accepted? Do you really only have one month left before you have to leave when you have lived at the property for over a year? Sadly, the answer to all of these questions is that you have no right to purchase the property or legal recourse against your landlord.  To make matters worse, it’s also true that you have no legal right to stay in the property for anything longer than the thirty days that the landlord provided.  Here is why, and here is how to prevent this tragic situation from playing out in the first place:

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Dan PascaleBy: Daniel T. Pascale, Esq.

A commercial landlord recently questioned what her rights were with respect to property that a former tenant had left behind in a commercial rental unit.   She wanted to know what to do with the abandoned property and whether she could let other people take it out of the unit or whether the abandoned property could be simply thrown away.

According to Florida Statute Section 715.104 before taking any action a landlord must provide written notice to the former tenant and any other parties that the landlord suspects may own the property that was left behind.

The written notice needs to identify the property with specificity and advise the former tenant that they must pick up the property within 10 days (if the notice is personally delivered) or within 15 days (if the notice is sent by mail) or the property will be sold or thrown-out.

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