Apfelbaum Martinez Law

Author: Apfelbaum Martinez Law

  • How to evict a residential tenant in Florida?

    How to evict a residential tenant in Florida?

    Generally, throughout the Treasure Coast, making an investment in property by renting it to a tenant is a good business, especially if you are a landlord with several properties to lease. However, there are unfortunate instances in which the lease agreement between yourself and your tenant is breached— for failure to pay rent or a violation of some other clause in the agreement. Whatever the cause of this situation, it is important to understand the procedures involved in pursuing an eviction. This article will go over the different steps and procedures to undertake in order to pursue an action for residential eviction in the context of a tenant failing to make timely rent payments

    Evicting a tenant for late rent payments requires following certain steps such as giving proper notices, filing a lawsuit – which must be later litigated and resolved in your favor as a landlord – and then, the eviction may take place. 

    Read on to get in-depth information about each step.

    Handing Out a Proper Notice

    Florida law requires landlords to provide notices to tenants before filing eviction suits for late rent payments. Basically, a landlord must tell the renter that he or she must either pay the money that is owed or leave the premises by a particular date. The notice length depends on the type of lease, such as a tenancy at will, which must comply with Florida law.

    A proper notice must:

    • Provide the tenant with three days’ notice to pay rent or vacate – In the case of a year-long standard lease. 
    • Specify the exact amount of money owed – getting this figure wrong could deem your notice as being faulty. 

    Consulting a Florida real estate attorney is essential not only to get clarity on tenancy type but also to reduce the risk of issuing faulty notices. 

    Filing an Eviction Suit

    If a notice is not enough to resolve your tenancy problems, the next step would be to file an eviction lawsuit. Eviction suits move faster than normal lawsuits since they fall under summary procedures. Therefore, once a tenant is sued, they have five days to respond.

    Tenants typically do not respond to lawsuits but, if they do, they must deposit rent into the Clerk of Court’s Registry and make monthly payments until the resolution of the eviction action. If they fail to respond within five days, they may face default judgment for eviction, leading to a writ of possession from the Court.

    Getting an Eviction

    To execute a writ of possession, you would have to send it to the Sheriff’s Office along with their fee for eviction. Next, they will schedule a date and time for the eviction to take place. Bear in mind that the Sheriff’s Office will most likely provide you with the amount of time that they need to give the tenant notice of the eviction date. Your Florida real estate attorney can assist in arranging the process.

    While it is an unfortunate and often expensive road to pursue, the real estate attorneys at Apfelbaum Law are well equipped with the experience and skill needed to handle your eviction demands. If you have any questions or concerns about residential eviction, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009 or [email protected].

     

    Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

  • Attorney Nico Apfelbaum Earns 2019 Martindale-Hubbell® AV Preeminent™ Rating

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    Attorney Nico Apfelbaum Earns 2019 Martindale-Hubbell® AV Preeminent™ Rating

    Attorney Nico Apfelbaum, who has been practicing law for almost 10 years and who founded Apfelbaum Law in 2015 to provide Florida legal services to the Treasure Coast and throughout Florida, has earned a 2019 Martindale-Hubbell® AV Preeminent™ Rating, the highest possible honor that Martindale-Hubbell® can give to an attorney. This rating recognizes lawyers for their strong legal ability and high ethical standards.

    Martindale-Hubbell® is the largest and most comprehensive source of lawyer ratings in the country. They base their ratings on both peer reviews from other attorneys and judges, and client ratings. The highest possible rating is the “AV Preeminent Rating™,” with the “A” representing the best possible rating for legal ability, and the “V” indicating adherence to the highest standard of professional conduct. Confidential evaluations by lawyers and judges determine the “AV Preeminent Rating™.”

    “I am extremely happy to once again receiving a Martindale-Hubbell® AV Preeminent™ Rating,” says Nico Apfelbaum, attorney and founder of Apfelbaum Law. “It’s an honor to know that my colleagues and clients think so highly of us. I’m very proud of the team we have here at Apfelbaum Law. We’re always striving to provide the best representation for our clients, whether they need help with Florida business law, Florida family law, or other Florida legal services.”

    Nico Apfelbaum has also been selected as a Super Lawyers Florida Rising Star for the past three years. He and attorneys Jamy Barreau, Andrew Clopman, Sara Davis, and Hilary Hunt have offices in Stuart and Port St. Lucie. They provide a wide range of Florida legal services, including real estate closings, business contracts and disputes, divorce and family law, estates and probate matters, and immigration.

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  • Attorney Sara Davis joins Voices for Children of Okeechobee and the Treasure Coast Board of Directors

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    Apfelbaum Law’s attorney Sara Davis Named to Board of Directors of Voices for Children of Okeechobee and the Treasure Coast.
    September 4, 2018, Port St. Lucie, Florida—Apfelbaum Law attorney Sara Davis, who practices civil litigation and family law, has been appointed to the Board of Directors of Voices for Children of Okeechobee and the Treasure Coast. She will attend her first Board of Directors meeting on September 17.
    Voices for Children of Okeechobee and the Treasure Coast supports the 19th Circuit’s Guardian ad Litem Program (GALP), an organization that advocates for abused, abandoned, and neglected children throughout the area. GALP provides advocate volunteers who serve as a voice in and out of court for children to whom the program has been assigned. Children who have a GALP volunteer have been shown to do better in school, find a safe and permanent home more quickly, are less likely to return to foster care, and receive more services to assist them. Voices for Children of Okeechobee and the Treasure Coast helps further support the mission of the GALP by assisting the children served by the program with personal, educational, medical, and legal needs.
    “I’m honored to join GALP’s Board of Directors,” says Davis. “Through my previous work with GALP, I saw just how much child advocates can help children in our community who are going through a difficult time. I also was able to see how important the work of a supportive non-profit organization was in helping the children served by the program achieve normalcy. Funding provided by Voices for Children allows these children to have things that many of us take for granted, whether it be a gift at the holidays, or a cap and gown to attend high school graduation. By joining the Board of Directors, I hope to help them continue this very important work and help even more children in our community.”
    Sara Davis previously worked as an attorney for GALP, after graduating Cum Laude from Florida State University’s College of Law. She was also one of the first employees of the Office of Criminal Conflict and Civil Regional Counsel in Martin County, Florida, where she worked primarily in areas of dependency and mental health. At Apfelbaum Law, she works in the areas of business disputes, civil litigation, government consulting, and family law. She is also the current president of the Port St. Lucie Bar Association.
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  • Apfelbaum Law's Managing Attorney Nico Apfelbaum is Super Lawyers Rising Star for Third Year in a Row

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    Nico Apfelbaum, founder and managing attorney of Apfelbaum Law, has been selected by Super Lawyers as a 2018 Florida Rising Star, and is top rated in the areas of Business & Corporate law. This is his third consecutive year to receive the distinction, an honor limited to less than three percent of attorneys in Florida. Additionally, Apfelbaum Law is proud to announce its firm has grown by adding three new attorneys.

    Super Lawyers is a service that rates attorneys in more than 70 practice areas who have a high degree of peer recognition and professional achievement. The selection process begins with peer nominations, then moves on to peer evaluations and independent research. Ultimately, only five percent of attorneys are selected to be listed on Super Lawyers, and no more than 2.5 percent are chosen as Super Lawyers Rising Stars.

    “I’m honored to be selected as a Super Lawyers Florida Rising Star for the third year in a row,” says Nico Apfelbaum. “I also want to say how proud I am of the entire team we have here at Apfelbaum Law. Our goal is to provide clients with exceptional legal representation, whether they need a Florida business lawyer, a Florida family law attorney, or an immigration lawyer in Florida. This past year, that meant welcoming several new attorneys so we could better meet our clients’ needs. I’m very pleased that they joined us in providing quality, personalized legal representation for our clients.”

    Apfelbaum Law’s new attorneys are Jamy Barreau, Sara Davis, and Hilary Hunt. Born and raised in Port St. Lucie, Barreau helps clients with business law and contract concerns, including contract drafting, negotiation, and disputes. Sara Davis graduated cum laude from Florida State University’s College of Law, and assists clients with business and contract disputes, divorces, and family law. Hilary Hunt concentrates her practice on family law and divorces, including custody and child support issues.

    Nico Apfelbaum is a cum laude graduate of the University of Florida’s Levin College of Law. He founded Apfelbaum Law in 2015 to provide dedicated and personalized Florida legal services to residents of Port St. Lucie, Stuart, the Treasure Coast, and throughout the state of Florida. Apfelbaum helps clients with a variety of personal and business legal matters, including family and divorce law, business and contract matters, Florida probate law, and immigration. The firm has offices in both Port St. Lucie and Stuart. For more information, please visit Apfelbaum Law at www.alawfl.com.

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  • ANNULMENTS IN FLORIDA & DIFFERENCES WITH DIVORCES IN FLORIDA

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  • RESTRICTIVE COVENANTS IN FLORIDA CONTRACT LAW YOUR BUSINESS NEEDS

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  • Can Non-Compete Agreements Protect Your Business Interests?

    Can Non-Compete Agreements Protect Your Business Interests?

    In the dynamic world of business, non-compete agreements are a popular tool for safeguarding proprietary information and maintaining a competitive advantage. However, their effectiveness and ethical implications are hotly debated. This article explores the complexities surrounding non-compete agreements, offering insights into their potential benefits and drawbacks for both employers and employees or contractors.

    What are non-compete agreements?

    In the business world, a non-compete agreement is a restrictive covenant used to protect employers from potential competition posed by departing employees or contractors. They are common in sectors like healthcare and sales, where key employees may establish rival businesses, such as optometry, by preventing a key optometrist from resigning and attracting significant clientele.

    Typical Situations Where Non-Compete Agreements Are Relevant

    Start-ups or Specialized Enterprises

    For start-ups and highly specialized businesses, the protection of proprietary assets like ideas, algorithms, sales technices, strategies, and product designs is critical. Such ventures often rely on innovative concepts or niche expertise, making protection against employees’ departure to rivals or their own competing companies essential. Additionally, investors want to know that their capital is protected from potential disruptions caused by departing employees.

    Business Transitions: Selling the Business 

    During the sale of a business, the buyer may request the seller to sign a non-compete agreement to safeguard their investment. This precautionary measure aims to prevent scenarios where the former owner launches a competing venture post-sale or diverts crucial business ideas and clientele to competitors, thereby preserving the value of the acquisition.

    Client-Focused Enterprises

    When employees of a business develop relationships with particular clients, it is necessary to implement a carefully drafted non-compete agreement. These contracts are made to prevent leaving employees from taking clients to other companies or to their own businesses. Thus, safeguarding the continuity and integrity of client relationships, which may be crucial to the business’s success.

    Ensuring Reasonableness in Non-Compete Agreements 

    The specifics of what constitutes a reasonable non-compete agreement may vary between states.  In Florida, there are statutory guidelines but courts have also interpreted non-compete agreements.  A non-compete agreement in Florida has to be reasonable in time, place, and the restriction needs to protect business interests.  Thus courts assess reasonableness based on factors like geographic limitation and duration. Narrower geographic scopes and shorter time frames are generally favored, tailored to the area where the business primarily operates. Specificity regarding prohibited activities post-employment is also crucial.

    For instance, if a vascular surgery center recruits doctors across two counties, a two-year non-compete barring statewide surgery practice may be broad, while limiting angioplasty practice in a specific locality for two years may be more reasonable and enforceable.

    While non-compete agreements offer valuable protection, they must be crafted carefully to comply with Florida law and respect employee rights. Here’s what is likely to make a non-compete legally enforceable:

    • Reasonable Scope and Duration: The geographic area and time period restricted should be proportional to your legitimate business interests, not overly broad.
    • Protecting a Legitimate Interest: The non-compete must safeguard a valid interest, such as trade secrets, client relationships, or unique training investments.

    Remedies for Breach of Non-Compete Agreements 

    Seeking legal remedies for breaches of non-compete agreements is crucial for protecting any business interests. This often involves pursuing injunctions and potentially damages for financial losses incurred. 

    Navigating such legal complexities requires the expertise of a Florida business attorney who can ensure that agreements meet legal requirements, are tailored to specific business needs, and strike a fair balance between protection and fairness. Contact us for a consultation.

  • FLORIDA LEGAL SERVICES: THE DEFEND TRADE SECRETS ACT OF 2016

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  • FLORIDA LEGAL SERVICES GUIDE TO STARTING A SOLE PROPRIETORSHIP BUSINESS

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  • FLORIDA INCOME DEDUCTIONS FOR CHILD SUPPORT: HOW DOES IT WORK?

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