Miami Lawyer Blog

Super Lawyer Magazine named Miami Attorney Aaron Resnick one of its 2011 Rising Stars.

Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The magazine names exceptional attorneys annually in all 50 states and Washington, D.C. Super Lawyers uses a rigorous selection process that begins with peer nomination. Once attorneys are nominated they are then evaluated on 12 indicators of peer recognition and professional achievement through a third-party researcher.

The 'Super Lawyers' and 'Rising Stars' lists will appear in Florida Super Lawyers magazine which will be mailed to attorneys in Florida and the ABA-accredited law school libraries. The Florida Super Lawyers supplement will appear in The Wall Street Journal (Florida distribution) on Thursday, June 16, 2011. 'Super Lawyers' and 'Rising Stars' also appear on the Web at superlawyers.com.

Mr. Resnick's law practice concentrates on business and commercial matters, real estate law and litigation and sports and entertainment law. He has successfully represented a number of clients in commercial foreclosure matters and has a company that specializes in working with lenders on distressed assets.

His current practice also includes the personal representation of a number of current and former professional athletes in the National Football League, the National Basketball League and Major League Baseball, as well as members of the arts, fashion and entertainment world.

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A new bill that was recently proposed by Florida lawmakers and is set to go to the Governors desk could change how developers in Florida will apply for permits to build. Supporters of the bill insist Florida has placed far to difficult requirements on contractors trying to develop the state.

House Bill 993 will change the way new developments proceed by putting new, harsher requirements on groups who challenge proposed developments. Environmentalists are worried the bill will make it more difficult to protect the environment from detrimental building. Previously, contractors were required to prove why their proposed building would not harm the proposed building area, but if the proposed bill passes that will change drastically. Instead, groups who oppose developers' plans will be required to prove how the proposed development is harmful. This change in the burden of proof could make it far easier for builders to get approval for their plans.

The proposed law could make it very difficult to challenge contractors and developers, which has local environmentalists worried about the effect on Florida's water supplies. Most are appalled by the bill. Supporters of the bill insist the bill is not about damaging the environment, but increasing building in Florida and making it easier for developers to bring much needed constructions jobs back to the State. They insist that out of state developers avoid Florida because they have grown weary of spending long periods of time locked in court battles with environmentalists who do not live any where near the proposed developments. Developers welcome the bill, saying the previous laws were set up in a way that put them at a disadvantage in court.

Critics and Florida conservationist and environmentalists see the bill as a free for all attack on the environment and already fragile water quality in the state. Local leaders who oppose the bill cite concerns over the nearly 85,000 acres located in Lee county that are at risk of being developed. In fact, a southern Florida judge is already so critical of the current water quality of the state he said he is considering asking the federal government to step in and enforce water quality laws that are already in place.

If you are concerned with the legality of this bill or any other commercial law issue, contact a Miami commercial lawyer. Commercial law covers a wide range of issues involving business processes and the buying and selling of goods. If your company is being sued or if you believe your rights have been infringed upon, a Miami commercial lawyer can tell you if you have a viable case. Most Miami commercial lawyers will offer a free consultation to help you decide if you have a case.

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Builders hail late legislation change, by MARY WOZNIAK, May 6th 2011

Condos are everywhere in Miami, and with the amount of condos in Miami that are present it sometimes becomes more than necessary to enforce issues that relate to condo law. What is Condo Law? There are many aspects to condo law, but for the sake of this blog, we are going to talk about the bylaws with in a condo community. Much like a HOA or homeowners association, condo law within a community is when the tenants within the community sign a contract that governs the condominium community.

Examples of What You Might Find in a Condominium Community Contract:
One of the most popular thins that will be on a contract governing the condo community will be the areas in which all tenants and condo owners use, for example the breezeways, lounge or pool area. These areas are know and "common areas" and because it is a common area, it is important that everyone takes care of the area and abides by certain rules to maintain order within these areas. Some of the rules you might find about these areas will be things about cleanliness, behavior and noise levels.

Noise levels are yet another extremely popular item you might find on a condominium community contract. Regardless of what the city of Miami may says about what time you can make noise, you will have to obey the rules of the community as well. For instance, if the city says that a certain level of noise is acceptable until 10pm in the evening and the Condo contract states that you must not make noise after 9pm, you will need to abide by the Condo specified time.

If you are looking to set up a contract for your condo community, it is extremely wise to consult with a condo law attorney in Miami that can help you make sure that you are writing the contract correctly, they can even write it for you to assure it is done properly. A condominium lawyer in Miami can help enforce these bylaws by sending notices to the residents of the community and by taking them to court when necessary. You can also use an attorney in Miami that specializes in condo law if you are accused or are being sued by a condominium community. At the very least you can utilize the free initial consultation that most condo law attorneys in Miami offer in order to better understand condominium community laws.

Renter's Rights in Miami Florida

If you are renting a home, you may not realize that you have rights under Florida real estate laws. While these laws can vary from state to state, if you are having problems with your landlord you should contact a Miami real estate lawyer.

Basic Lease

When a tenant rents a home, a lease is constructed and is considered to be a contract of both the landlord and the tenant. The lease enforces rules of the rental, such as rent, when it is due, and how long the lease will be. Leases are written to benefit the both parties and can be written with a multitude of variables. A lease with a specified termination date is known as a tenancy for years. Unless another agreement is reached, on the last day of the lease the agreement is terminated and the tenant must vacate the home. A periodic tenancy lasts for a specified period, usually month-to-month, and there is no definite termination date. If the contract is violated based on the laws in accordance with Florida, you have the option to renew the lease at the contract end-date. A tenancy at sufferance refers to the situation where a tenant stays in the home even after the contract was terminated. Landlords who seek to evict after the lease is terminated must follow Florida law. Contact a Miami real estate lawyer if you are being wrongfully evicted.

Security Deposits
Landlords often require a security deposit in advance. The security deposit is intended to cover the costs of any damages that may occur that is not considered "normal wear and tear" and protect the landlord if the tenant does not pay rent. At the termination of the lease, the landlord must return the security deposit within 15-21 days to return the money or notify the tenant of a claim against the security deposit for damages. If the landlord makes a claim, the tenant has 15 days to object. Assuming the tenant agrees, the landlord can then use the security deposit to fix any damages needed. Any dispute on claims can be taken to court. If you think your landlord is trying to wrongfully claim your deposit, contact a Miami real estate lawyer to help you fight for your money.
Eviction

If there is a breach of the lease or the tenant refuses to pay the rent, the landlord has the right to evict the tenant. He or she cannot physically force the tenant to leave the property, but has the right to file a claim for eviction after giving notice to the tenant for eviction. If a suit is ordered and the tenant does not respond, the judge or court will rule in favor of the landlord. Both sides will be heard and action will be taken in favor of the non-breaching party.

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Florida Residential Real Estate Law, April 20th 2011