Conroy, Conroy & Durant, P.A.2026-09-03T05:23:23Zhttps://www.naplespropertylaw.com/feed/atom/WordPressOn Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[How home equity lines of credit work in Florida]]>https://www.naplespropertylaw.com/?p=493262026-09-03T05:23:23Z2026-09-03T05:23:23ZHow does a Florida HELOC work?
A lender sets your borrowing limit based on factors such as your finances and home value. You can then request funds up to that limit during the draw period.
You do not have to use the entire amount. For example, you could use funds for a renovation and keep the remaining credit available. Your balance changes as you borrow and make payments.
Many HELOCs have variable interest rates, so your monthly payments can increase or decrease. After the draw period ends, you typically enter a repayment period and must pay the outstanding balance under the agreement's terms.
What do lenders consider?
Lenders may review:
Your available home equity
Your credit history and score
Your income and employment
Your current mortgage balance
Your other debts
Your home's current market value
Review the fees, interest rate, payment terms and rules for future rate adjustments before accepting the credit line.
What Florida-specific issues should you consider?
Florida's homestead protections can create confusion for homeowners. A homestead designation does not automatically prevent you from voluntarily placing a lien on your primary residence. Florida law allows certain voluntary liens against homestead property, so review the HELOC documents carefully before using your home as security.
Federal law may also give you the right to cancel certain HELOC transactions secured by your principal dwelling. If the right applies, you generally have three business days to exercise it after you receive the required disclosures and notice.
What happens if you default?
A HELOC can create serious consequences if you cannot make your payments. Because the debt can attach to your home, the lender may pursue foreclosure after a default. Florida follows a judicial foreclosure process, which means the lender generally must pursue the foreclosure through the courts.
Florida law also addresses interest rates for certain loans and lines of credit. The rules can vary based on the transaction and its terms. If you have concerns about a HELOC agreement, a Florida attorney can review the terms and explain how the loan may affect your property rights.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[What to expect if you can’t pay your rent in Florida]]>https://www.naplespropertylaw.com/?p=493242026-08-16T11:47:02Z2026-08-16T11:47:02ZThe legal eviction process
Dealing with unpaid rent in Florida means following strict legal timelines and court procedures. Landlords must take specific legal steps to proceed with an eviction, which gives you defined rights and deadlines to protect yourself. Here is what happens and what you should know to protect your rights, including:
Receiving a three-day notice: The landlord must first give a written three-day notice demanding payment of the rent owed. You have three business days, excluding weekends and court holidays, to either pay in full or move out before they can take legal action.
Facing an eviction lawsuit: If you do not pay or move out within those three days, your landlord can file an eviction case against you in court. Once you are served with the lawsuit papers, you have five business days to file a formal response with the court.
Depositing rent into the court registry: If you want to fight the eviction or contest the amount owed in court, Florida law requires you to deposit the unpaid rent money directly into the court’s registry. If you fail to deposit the money or ask the court to determine the correct amount, you risk losing the case.
Facing sheriff removal: If the court rules in favor of the landlord, the judge will issue an order allowing the county sheriff to post a final 24-hour notice on your door. Only the sheriff can legally enter and physically remove you from the property.
Avoiding illegal "self-help" actions by the landlord: It is strictly illegal for a landlord to change your locks, turn off your power or water, or remove your doors to force you out. Landlords who attempt these shortcuts face heavy financial penalties and legal liability.
Protecting your rights
Ignoring an eviction notice or missing court deadlines will lead to an automatic judgment against you, which can harm your credit and make it difficult to rent in the future. If you receive a 3-day notice or court summons, acting promptly whether by paying the overdue rent, depositing funds into the court registry or filing a formal response can make a significant difference in the outcome of an eviction case.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[Can a buyer cancel after a Florida home inspection?]]>https://www.naplespropertylaw.com/?p=493222026-07-31T04:00:03Z2026-07-31T04:00:03ZWhat does your inspection clause allow?
You need to review the inspection clause before you respond to the report. Under the Florida “AS IS” form, you may cancel before the inspection period ends if you find the property unacceptable in your sole discretion. A proper and timely cancellation generally entitles you to the return of your deposit, subject to the contract and escrow process.
A different agreement might require you to request repairs or allow the seller time to address certain defects. The inspection report does not end the contract on its own. Instead, it gives you information that may support your decision while the agreement sets the process.
What happens if you miss the inspection deadline?
Your right to cancel usually ends when the inspection period expires. Your contract explains when that period starts, how to count the days and when you must send notice. If you miss the deadline, you could lose your right to cancel and put your deposit at risk.
Consider sending clear written notice in the way your contract requires. Keep a copy and proof that the other party received it. Note that a phone call to your agent may not count as proper notice.
Protect your right to cancel
Serious defects may leave you unsure how to move forward with the purchase. Reviewing your inspection clause, noting the deadline and following the contract’s notice rules can help you understand your options. If a dispute arises or the parties cannot resolve the issue, you may then consider more formal action.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[Can a condo owner be barred from common areas?]]>https://www.naplespropertylaw.com/?p=493202026-07-26T15:58:21Z2026-07-26T15:58:21ZWhen you purchase a condo, one of the reasons you do so is for the amenities that come along with it. There may be certain services that are provided, such as lawn care or trash pickup. You may also be interested in using common areas, such as a swimming pool, a tennis court or a lounge.
As a general rule, as long as you are part of the condo association, you are allowed to use these areas. But there are some situations in which condo owners can be banned from common elements and facilities by the condo association.
Falling behind on financial obligations
Often, this is done if someone has not paid money that is due to the association. For instance, there are certain dues that must be paid every month, and an owner who falls behind by more than 90 days could be banned from common areas.Additionally, if the owner is already late on payments, they may have accrued certain fees on top of what is already owed. If they fall behind in paying these necessary fees, as laid out in the paperwork they signed when they purchased the condo, that could also affect their access to common areas.Furthermore, condo owners may owe certain financial fines. If the owner violates some of the regulations, they could be fined for misuse of the property. If the condo bans pets, but a condo owner tries to sneak a pet into their unit, for instance, they could be fined by the condo association. Once again, failing to pay this financial obligation can reduce their access to areas they would otherwise be allowed to use.
Resolving a conflict
Naturally, access to these amenities, along with the validity of fines and fees, can lead to certain disputes. Those involved need to know exactly what legal options they have.
]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[Can you rescind a property purchase agreement in Florida?]]>https://www.naplespropertylaw.com/?p=493092026-07-15T13:45:03Z2026-07-15T13:45:03ZIt depends. If you are changing your mind about a property that you are purchasing in Florida, you may be able to rescind your property purchase agreement under certain legally recognized scenarios.
Before the window closes
Florida law provides a "cooling-off" period for buyers, giving them a brief window to cancel the agreement without penalty. Depending on the type of property you are purchasing, you can rescind the agreement within:
15 days if you are buying a new condo directly from a developer
7 days if you are buying a resale condo
3 days if the property is governed by a homeowners association (HOA)
10 days if you are purchasing a timeshare property
All these statutory windows start from the day you signed the purchase agreement.
Contractual contingencies
If your cooling-off window has closed, your next safety net lies within your contract. If your agreement includes standard contingency clauses ‒ such as an inspection, financing or appraisal contingency ‒ you can legally cancel the transaction. Triggering these clauses may allow you to walk away safely without forfeiting your earnest money deposit.
Common-law grounds
Even if the window period has passed and you don’t have a contingency plan to safeguard you, common law may still give you grounds for rescission. An attorney can help you rescind the agreement by proving to the court that:
The seller materially failed to meet an obligation under the purchase agreement
The seller concealed or misrepresented a material fact affecting the property's value or desirability
Nevertheless, the homeowners are not required to voluntarily disclose information related to psychological stigmas, such as whether the property was the site of a homicide or suicide.
How can a legal guide help?
Rescinding real estate contracts without legal grounds can cost you your deposit or worse, result in a lawsuit. If you are planning to back out of a property purchase, a legal guide experienced in Florida real estate law can review your contract, identify your options and help you protect your financial interests.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[Do you have to uphold an easement on residential property?]]>https://www.naplespropertylaw.com/?p=493072026-07-06T23:44:21Z2026-07-06T23:44:21Zeasement in gross is typically not connected to a specific piece of land and does not need to be transferred. It is simply an agreement between two property owners. If someone else buys the land, they can decide to terminate the easement.
On the other hand, an easement appurtenant is one that runs with the land. Essentially, the easement is part of the land itself. A new owner is obligated to uphold it, so a buyer needs to be made aware of this obligation, as they generally cannot terminate the easement.
Why are easements used?
Easements are used to give another party access to the land. In some cases, this means that utility companies have easements. They may need to run services to a property, and they need a way to gain access to do so.
Another example is when a property owner needs access to their land from a main road, but another property lies between them and the road. They may have an easement that allows them to cross the front property to gain access to their own. This is much like a shared driveway, and the easement holder only has permission to cross the land, not to fundamentally alter it or use it in any other way.
Residential real estate transactions involving easements can be complicated. Each party should have an experienced attorney to help them understand their rights and obligations.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[What is a condo special assessment?]]>https://www.naplespropertylaw.com/?p=493052026-06-23T16:11:55Z2026-06-23T16:11:55ZWhen purchasing a condo, it’s easy to become focused on the purchase price and what the monthly payments will be; however, there are other expenses that you’ll also have to pay. A condo special assessment is one of those. This is an additional charge that a condo association imposes on unit owners.
The condo special assessment is separate from regular monthly assessments. It’s used to cover unexpected expenses, insurance shortfalls, legal costs, reserve funding gaps or major repairs. These can be stressful for condo owners because they often involve large amounts that are due on a set schedule. In some cases, condo boards may allow owners to pay the special assessments in installments.
Why are special assessments necessary?
Special assessments are necessary because they maintain the property in specific cases. Some of the more common reasons include roof replacement, storm damage, structural repairs, elevator work, concrete restoration or plumbing failures. Condo boards can’t charge special assessments when they feel like it. Instead, the condo bylaws and declarations govern how often special assessments are approved and collected. Some assessments can be approved by the board, but others require owner approval.
How do condo owners find out about special assessments?
Condo owners should receive a written notice about the special assessment. It should include the purpose of the assessment, payment deadlines, total assessment amount, voting requirements and consequences for nonpayment. Reading through this notification is critical so owners know exactly what it’s for and what action they need to take. Special assessments are a routine part of owning a condo, but they can lead to financial challenges. In some cases, they can raise legal questions. It may be beneficial to work with someone familiar with this area of real estate law if there are issues with a special assessment.
]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[4 reasons first-time homebuyers need a title search in Florida]]>https://www.naplespropertylaw.com/?p=493002026-06-10T08:29:03Z2026-06-10T08:29:03ZYou spend weeks inspecting walls, testing plumbing and checking the roof before buying your first home in Florida. That kind of thoroughness is smart. But another layer of your home deserves the same attention, the legal framework that holds the entire property together.
What does a title search do for you?
A title search reviews public records to confirm a property's legal ownership. As a first-time homebuyer in Florida, you can use this step to understand the full history of the home you want to buy. More importantly, a title search can reveal title defects before you close your real estate transaction. Catching these issues early can protect you from costly problems in the future.
Four reasons you should never skip a title search
Now that you understand what a title search does, you should know why skipping it can put your investment at serious risk. Here are four reasons every first-time homebuyer in Florida needs a title search:
It reveals unpaid debts: A title search uncovers outstanding claims like unpaid property taxes, contractor bills or Homeowners Association (HOA) dues that you could become responsible for at closing.
It verifies chain of ownership: It reviews the full ownership history of the property to ensure no previous owners, heirs or fraudulent sellers can contest your legal right to the home.
It discovers encumbrances: It identifies easements, zoning restrictions or boundary disputes that could limit how you use or develop your property.
Your mortgage lender requires it: If you finance your home, your lender will require a title search to protect their financial interest before approving your loan.
Each of these reasons shows just how much a title search can safeguard your purchase. But knowing about problems before closing only covers part of your protection, and that is where your next layer of security comes in.
Protect your home before and after closing
A title search gives you a clear picture of your property before closing. But protecting your home purchase does not end there. Title insurance covers unexpected issues that may surface after closing, giving you an added safety net for the long run. Together, these steps help ensure that your first home remains a solid and secure foundation for your family's future.]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[When can a landlord enter an apartment in Florida?]]>https://www.naplespropertylaw.com/?p=492982026-06-09T15:08:37Z2026-06-09T15:08:37ZWhen landlords and tenants rent an apartment, they sometimes run into conflicts over who can access it. The landlord owns the space and may believe they can enter it at any time. But the tenant has signed the lease and may believe they have an expectation of privacy.
There are restrictions on when landlords can enter a residential apartment, and they do have to give tenants a certain level of privacy. Below are a few examples of when a landlord may be able to enter:
If there is an emergency
In some cases, there may be an emergency, such as a flood, a fire or a similar issue, that means the landlord needs to enter immediately. They are allowed to do so.
With reasonable notice
Generally, reasonable notice means that the landlord has to give someone 12 hours' notice. They may do this if they need to show the apartment to prospective tenants or make updates and repairs.
If the tenant is absent
In some cases, if the tenant is absent for a long time, the landlord may be allowed to enter the space because they believe the tenant has abandoned it.The law allows this if the tenant has been absent for at least half of the time between rental payments. If someone pays rent every month, for example, the landlord may be able to enter if they have been gone without explanation for more than two weeks.
If the tenant will not cooperate
Finally, a tenant should not unreasonably withhold consent, and the landlord may be able to enter if the tenant does so. An example would be a tenant who refuses to cooperate and will not agree to give the landlord access for weeks, even though necessary repairs need to be made.Conflicts over access to or use of a space can get very complicated, especially when both sides believe they are in the right. When these disputes arise, it is crucial to understand what legal steps to take.
]]>0On Behalf of Conroy, Conroy & Durant, P.A.<![CDATA[How civil litigation can help to resolve title defects]]>https://www.naplespropertylaw.com/?p=492962026-05-25T17:45:45Z2026-05-25T17:45:45ZQuiet title actions lead to record updates
Civil court judges don't just enforce contracts and resolve disagreements between property owners. They can also help correct inaccurate and outdated property records.
County recorder's offices maintain title records related to real property. Those title records include information about a property's legal description, current and former owners, recorded liens and current easements.
All of those details influence ownership rights. Sometimes, the information available from the county is not accurate. A deceased former owner may still show up as a co-owner. A lien paid in full years ago may still be on record. In those situations, issues with title records can prevent title insurance companies from promptly issuing title policies.
That can impact the timeline for a refinancing transaction or derail a sale. During quiet title proceedings, attorneys present information about the property and any inaccurate records to the courts. The judge evaluates all of the documentation available to them. If they agree that there is a mistake in the official county records, they can order the correction of the county records.
Quiet title proceedings are one of several options for addressing title defects before or during real estate transactions. Discussing title concerns with a real estate attorney can help property owners protect their ownership interests accordingly.]]>0