|Florida’s Clothesline Law Trumps HOA Rules|
April 27th, 2016 12:30:02 PM by Matthew David Glachman
Many community associations in Florida have a rule in their governing documents prohibiting owners from constructing clotheslines on their property. Certain communities feel as though visible clotheslines are an eyesore, and may decrease perceived property values.
Despite the concerns of some community associations, Florida was in fact the first state to pass a right-to-dry law, embodied in Florida Statute 163.04. F.S. 163.04 expressly prohibits the prohibition of the installation of solar collectors, clotheslines, or other energy devises based on renewable resources. This is one of several laws enacted in Florida to promote energy efficient living.
Although the community association prohibitions against clotheslines are unenforceable in Florida, your association may still place some restrictions on clothesline use. They may enforce provisions disallowing clothes to hang overnight or disallowing clotheslines to be placed in the front yard, however there cannot be an outright ban.
If you are living under the purview of a community association and you believe their governing documents may be placing restrictions upon you which are in violation of Florida law, you may be correct. Call Glachman & Brill, P.A. today to discuss the specifics of your situation. We can help!
|Landlord shoots tenant in the leg in Little Haiti|
August 18th, 2015 3:43:10 PM by Matthew David Glachman
Tenant returns home to find his belongings on the sidewalk outside of his apartment. He proceeds to the parking lot and gets shot in the leg by his landlord. Witnesses say there was no arguing or yelling involved, but something must have happened to spur this confrontation. Landlords, don’t shoot your tenants when you have a dispute with them. Call Glachman & Brill, P.A. and we will settle your dispute without landing you behind bars!
|Local Family Asked to Move Out of Rental Foreclosure Home|
July 31th, 2015 11:01:13 PM by Matthew David Glachman
Carrie Beatty, her husband, and their five young children, were told by their landlord that the house they were renting is in foreclosure and they must leave immediately. This is a perfect example of an ignorant landlord who is not informed of their tenants’ rights under Florida law. Renters of foreclosed homes in Florida are legally afforded 30 days’ notice before they can be forced to leave. Many landlords decide they are not required to follow the law and attempt to force their tenants out prematurely.
In this instance, the landlord went so far as to send a repair man to the unit to strip the air conditioning unit of parts, in an attempt to drive the tenants out. Mrs. Beatty and her family were forced to live in 89 degree temperatures, unable to even breathe comfortably in their own home. This is wrong and amounts to an illegal constructive eviction. With all of the foreclosures finishing up in Florida, tenants need to know their rights. Don’t allow yourself to be abused by your landlord and forced from your home without due process. If you are experiencing an issue similar to Mrs. Beatty and her family, call Glachman & Brill today, we will protect your rights!
|Get Rich or Die Tryin to Avoid Punitive Damages|
July 14th, 2015 4:16:20 PM by Matthew David Glachman
Prominent rapper 50 Cent filed for bankruptcy protection on Monday July 6, 2015 in response to a lawsuit over a sex tape. 50 Cent is using Chapter 11 protection to mitigate possible punitive damages resulting from a 2010 lawsuit filed by Lastonia Leviston, rapper Rick Ross’s ex-girlfriend. The court ordered 50 Cent to pay $5 million in damages for violating Lastonia’s privacy by posting a sex tape of her on the internet.
By filing for Chapter 11 protection, the Vitamin Water mogul halts collection efforts against him. Don’t be misled by the media, 50 Cent is not broke by any means, rather this is a strategic move crafted by his attorneys. Learn more about the different types of bankruptcy protection available in the United States at www.glachmanbrill.com!
|Blowing up your foreclosed home with a bowling ball bomb, now that's clever|
July 7th, 2015 4:47:25 PM by Matthew David Glachman
Young South Florida homeowner didn’t want to give up his foreclosed home, so he decided to take matters into his own hands. Tyler Butler, 21, tried to use a cigarette lighter to burn his home down, unsuccessfully. He then had the idea to fill a bowling ball with gun powder, add a wick, and blow his house to smithereens.
Police, responding to the resulting fire, found the lit bowling-ball-bomb before it had a chance to explode. The housing bubble has hit South Florida hard over the past decade, and many borrowers are still reeling from the effects. Delinquent borrowers have an opportunity to Strike back at the bank.
If you are facing hard times, having trouble making your mortgage payments, or if your home is in foreclosure, you don’t need to resort to a bowling-ball-bomb! Spare yourself the embarrassment. You don’t have to end up in the Gutter. You have options. Call Glachman & Brill today to find out how we can help!
|Eviction ends in gunfire, suspect killed by police|
July 6th, 2015 10:12:08 PM by Matthew David Glachman
The eviction process in Florida is typically straightforward once a writ of possession has been issued by the court, however the Jacksonville police department recently had an entirely different experience. What should have been a routine eviction turned deadly when a tenant refused to go quietly.
Police were executing a writ of possession at a Jacksonville apartment when they spotted a young man, the tenant, outside the apartment. When they approached the man to discuss the purpose for their visit, the man pulled a gun and held it to one of the officers’ chests. The two officers shouted that the man has a gun and began to wrestle him for the weapon. The gun was dropped and the tenant broke free and took off running down some nearby stairs. The two officers, fearing for their safety, open fired on the suspect, mortally wounding him.
Afterward, two jars containing 126 grams of marijuana and a semi-automatic Smith and Wesson were recovered on the patio near where the struggle went down. Perhaps if this tenant was informed of his rights regarding eviction, this incident would have transpired in a more peaceful way. An eviction should not involve gunfire and fatality unless someone is grossly misinformed.
|Sexual Cyberharassment - 1 of 130 New Florida Laws Now in Effect|
July 2nd, 2015 11:57:48 PM by Matthew David Glachman
The Florida Legislature has enacted 130 new laws which took effect July 1st, 2015. One of these new laws addresses a very important and growing issue in today’s world of emerging technology, Sexual Cyberharassment.
Sexual Cyberharassment involves a person publishing a sexually explicit image of another to Internet websites without the depicted person’s consent, for no legitimate purpose, with the intent of causing substantial emotional distress to the depicted person. When such images are published on Internet websites, they are able to be viewed indefinitely by persons worldwide and are able to be easily reproduced and shared, creating a permanent record of the depicted person’s private nudity or private sexually explicit conduct. The prevalence of sharing private sexually explicit images with one’s partner is growing at an alarming rate, and the exposure of such images on Internet websites often causes significant psychological harm to those depicted.
The State of Florida found it compelling to provide a remedy for such an atrocious act, embodied in Senate Bill 538. The bill provides that a person who willfully and maliciously sexually cyberharasses another person commits a misdemeanor of the first degree. A law enforcement officer may arrest, without a warrant, any person that he or she has probable cause to believe has violated this section. Furthermore, an aggrieved person may initiate a civil action against a person who violates this section to obtain all appropriate relief in order to prevent or remedy a violation, including: (a) Injunction relief, (b) Monetary damages to include $5,000 or actual damages incurred as a result of the violation, whichever is greater, and (c) Reasonable attorney fees and costs.
The passing of this law is a step in the right direction for the ever-evolving field of Cyber Law. If you believe you are a victim of Sexual Cyberharassment, please call us at Glachman & Brill, P.A. We understand that this can be a very difficult and embarrassing situation to navigate and we will handle your case with the utmost respect and compassion.
|Hundreds of Florida Foreclosure Cases Could be Dismissed After Law Firm Suddenly Closes|
June 29th, 2015 1:58:13 AM by Matthew David Glachman
Major Florida foreclosure firm, Butler and Hosch, closed its doors unexpectedly last month leaving thousands of foreclosure cases in the wind. The banks will scramble to get these files transferred to new foreclosure firms throughout the state, but some will undoubtedly be dismissed as a result.
Inevitably, many of the foreclosures Butler and Hosch were prosecuting will have hearings scheduled and trials coming up, requiring an attorney for the bank to attend. Failure to appear on behalf of the bank at a trial or a summary judgment hearing could prompt the presiding judge to dismiss the case. Most likely, these dismissals will be without prejudice, which means the bank can refile their case and restart the foreclosure proceedings. Moreover, if properly motioned for, the bank may end up being required to pay the borrower’s attorney fees.
This may seem like a windfall for the borrower, and it is, however it does not mean the home is free and clear. If you are one of these borrowers, you may not be out of the woods just yet. When the banks inevitably reassign these files to a new law firm, your case will be reopened and you will need proper representation. Contact Glachman & Brill today if this situation effects your home and you want to know what to do next.
|New tenant protections in Florida|
June 25th, 2015 9:18:02 AM by Matthew David Glachman
Attention Florida tenants, House Bill 779 is here! On June 2nd Governor Rick Scott signed into law HB 779 (codified as s. 83.561 F.S.) which provides protections for tenants living in recently foreclosed homes. Tenants are now afforded 30 days written notice to vacate the property before they are subject to eviction. Prior to this bill being signed, tenants only enjoyed a 24 hour notice requirement.
Originally, HB 779 offered a 90 day notice requirement, however the legislature reduced it to 30 days at the last minute. Naturally, in order to gain the protection of HB 779, one must be a bona fide tenant requiring a valid lease as well as the payment of rent equivalent to the fair market value. Furthermore, the tenant may not be a relative of the foreclosed borrower. If the home you are living in is subject to foreclosure and you are unsure of your status as a tenant, give us a call today to learn more about your rights!
|"Zombie" foreclosures fall in South Florida|
June 18th, 2015 2:31:16 PM by Matthew David Glachman
You thought Zombies only ate flesh and brains? Well they also eat up adjacent property values. Be careful, you may be living next to a “Zombie” foreclosure.
There are a large number of houses in South Florida sitting empty because their owners abandoned them during a foreclosure proceeding, so called “Zombie” foreclosures. Just because a homeowner defaults on his mortgage does not mean his home immediately goes into foreclosure. Often times it takes the banks years to refer a foreclosure to a law firm for prosecution. There are a great deal of federal regulations which tie up the banks and prevent them from moving forward on residential foreclosures until they have jumped through a number of hoops. Many homeowners who are not fully informed of their rights have assumed they are required to move out once they have defaulted on their mortgage, or once they have received papers that their home is in foreclosure. This is simply not the case.
The banks must go to court and receive a judgment of foreclosure and subsequently a court order for eviction before they can remove a delinquent borrower from their home. The foreclosure process takes a minimum of three months when undefended. With the proper defense counsel, it can take the banks years to successfully prove their foreclosure case. Thus, delinquent homeowners do not need to abandon their homes until forced to do so via the eviction process.
The rate of "Zombie" foreclosures in South Florida has dropped as of late. Homeowners are realizing they have rights. If you are unclear as to what your rights are as a homeowner or tenant, call Glachman & Brill today.
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