Historical archive · Articles retain their original dates. Archived articles and FAQs may describe earlier law or procedures. Contact the firm for guidance on your circumstances.
September 21, 2015
Tenants may be facing new hurdles due to a newly enacted statute by Governor Rick Scott. On June 2, 2015, the Governor signed off on Florida Statute section 83.561, which provides that…
Read articleSeptember 8, 2015
An appeal was recently dismissed when the appellate court determined that the order being reviewed in an eviction matter dealt simply with the payment of rent into the court registry. The…
Read articleSeptember 8, 2015
In a recent appeal the dismissal of an action by a landlord against a tenant for failure to pay rent was reversed when the appellate court determined that the trial court had allowed the…
Read articleMarch 12, 2015
A dismissal was recently reversed in Miami-Dade when the circuit court on appeal determined that the county court had failed to give the Plaintiff, Landlord, an opportunity to cure a defect…
Read articleMarch 12, 2015
On appeal the Circuit Court in Pinellas County upheld a default final judgment entered by the county court in a landlord/tenant matter when it was determined that the tenant failed to…
Read articleSeptember 30, 2014
The failure of a tenant to comply with all requirements of statute prior to instituting a claim for recovery of a security deposit may lead to a dismissal of the action. A tenant, while…
Read articleMay 16, 2014
Failure to Pay Rent into Court Registry in a Florida Eviction is an Absolute Waiver of Defenses Other Then PaymentIn a recent eviction action out of Miami-Dade, County, Judge King denied a…
Read articleMay 6, 2014
Florida Landlord Estopped from Evicting Tenant Due to Acceptance of Late Rents.Landlords be aware that your acceptance of rent after issuance of a three-day notice in Florida may create a…
Read articleMay 5, 2014
Dismissed Florida Eviction’s Costs & Fees Must be Paid Prior to Filing a New Eviction Action.A recent eviction action in Volusia County was abated by order of the court when it was…
Read articleMay 5, 2014
90 Day Notice Required to Evict Remaining Tenants After Foreclosure.A writ of possession was recently quashed in Volusia County, Florida when it was determined that the remaining tenants in…
Read articleApril 1, 2014
Welcome to the home of OstregaLaw.com We are Florida Landlord Tenant and Eviction Attorneys!Via our new site, we hope to provide compelling information and newsworthy court rulings in the…
Read articleMarch 26, 2014
A Florida court in Orange county granted a defendant’s “motion to waive posting of rent into the rent registry until such time as the court rules on defendant’s pending motion to dismiss…
Read articleJanuary 26, 2014
The Circuit Court in Orange County, Florida recently dismissed twelve eviction actions when it determined that the property manager had forged the landlord’s signature on all the…
Read articleSeptember 26, 2013
Always be careful that your actions comply with what you put in writing. Continuously accepting rent after providing notice of default to a tenant may operate in a Florida as a waiver and…
Read articleDecember 26, 2012
Strict adherence to the requirements of Florida statute is required when prosecuting a Florida eviction so it is important that you have an attorney who understands the detailed landlord…
Read articleSeptember 1, 2012
A Polk County Circuit Court recently held that where an attorneys’ fee entitlement provision in a landlord-tenant lease agreement provided recovery of attorneys fees without a court’s entry…
Read articleAugust 31, 2012
A Pinellas County court recently dismissed a Florida eviction action brought by a mobile home owner against its occupant for deficiencies, which included: failing to prove ownership of real…
Read articleAugust 30, 2012
On appeal from Miami-Dade County Court, the 11th Circuit Court for Miami-Dade County reinforced the strict construction and interpretation of Florida Eviction Statute Section 83.60(2),…
Read articleJuly 27, 2012
Motions by Property Managers are Invalid in Florida Evictions.Pursuant to a Florida Bar Advisory Opinion Regarding Legal Representation of Landlord’s a court in Orange County, Florida…
Read articleJuly 23, 2012
If you seek money damages in your eviction action personal service is required for the court to have jurisdiction to make an award. In Miami-Dade a court dismissed an eviction complaint…
Read articleJuly 17, 2012
Non-lawyers and non-attorney eviction services may be at a disadvantage when it comes to the intricacies of Florida landlord/tenant law. Case in point, in the ruling below the Broward Small…
Read articleJuly 16, 2012
Improper Summons & Due Process in Florida EvictionOn appeal of a landlord/tenant eviction matter in Orange County Florida, the Circuit court held that strict compliance with the Florida…
Read articleOctober 9, 2011
With the appropriate language, and acquiescence by a tenant, a landlord may be able to draft language into a commercial lease, thus waiving the “3-Day” notice requirement of Florida…
Read articleOctober 1, 2011
Shutting Off Utilities Costs Landlord Triple in Florida EvictionA recent opinion out of the 17th Judicial Circuit in and for Broward County questioned whether a landlord was liable for…
Read articleOctober 1, 2011
Late Fees Can Make a Florida Eviction Three Day DefectiveNote to landlords: you can never be too careful in drafting your 3-Day Notices, case in point; the 11th Circuit recently dismissed…
Read articleSeptember 28, 2011
The Ostrega Law Firm, PLLC supports the Crohn’s & Colitis Foundation of America (“CCFA”). Take Steps for Crohn’s & Colitis. The Crohn’s and Colitis Foundation of America is a…
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