Tampa Real Estate Litigation Lawyer
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At Bonardi & Uzdavinis, our Tampa Real Estate Litigation Lawyer possesses extensive experience and expertise in handling all aspects of real property transactions and litigation within the Tampa Bay area. Our practice is dedicated to assisting clients in navigating the complexities of real estate law, from litigating contract disputes and resolving title issues to handling commercial landlord/tenant disputes and other real estate litigation cases. Our commitment to excellence is reflected in the comprehensive range of services we offer, which also includes closing services for residential and commercial sales, as well as refinances. Real Estate Law is one of our primary practice areas, and we take pride in providing our clients with unparalleled legal support and representation.
Collection & Foreclosure Attorneys
Our lawyers at Bonardi & Uzdavinis LLP offer robust legal representation for creditors in debt collection post-judgment and provide defense for businesses and consumers against garnishment and asset attachment. With a deep understanding of both plaintiff and defendant perspectives, our Tampa Real Estate Litigation Lawyer possesses extensive experience, allowing us to anticipate opponents’ strategies and develop effective tactics for our clients. We represent clients in various foreclosure and debt collection matters, including:
- Mortgage Foreclosures: We assist clients in navigating the complexities of mortgage foreclosures, ensuring their rights are protected throughout the process.
- Homeowners Association Disputes: Our attorneys handle disputes involving homeowners associations, addressing issues such as unpaid dues, covenant enforcement, and property maintenance.
- Condominium Disputes: Condominium disputes are common, and we provide expert legal representation to resolve conflicts between condominium owners, boards, and associations.
- Garnishment & Attachment: We defend clients against garnishment and attachment of assets, ensuring their financial stability and protecting their interests.
If you are a business owner or homeowner facing a summons or foreclosure complaint, it is crucial to consult a Tampa Real Estate Litigation Lawyer promptly. You have 20 days from the date of service to respond, and failure to do so may result in being sued by the bank or homeowners’ association, waiving your rights. Settlement options may include obtaining a release of debt and satisfaction, a waiver of a deficiency judgment, or a short sale.
Residential Landlord-Tenant Law
Bonardi & Uzdavinis LLP has extensive experience representing both landlords and tenants in residential disputes. Our expertise includes handling cases involving:
- Security Deposits: We manage disputes related to security deposits, ensuring compliance with Florida Statutes and protecting our clients’ rights.
- Actions for Possession: Our attorneys represent clients in actions for possession, helping landlords regain control of their property.
- Damages Actions for Breach of Lease: We handle damages actions resulting from lease breaches, securing compensation for our clients.
- Evictions: Evictions are often triggered by non-monetary breaches of the lease. Our knowledge of Florida Statutes, Chapter 83, ensures compliance with pre-eviction notification requirements, avoiding potential dismissals and attorney fee awards to tenants.
Landlords must adhere to specific rules to comply with Florida Statutes, Chapter 83. Failure to do so can lead to the dismissal of an eviction and the awarding of attorney’s fees for the tenant. The notice must be given by mail to the tenant or posted on the front door in the same format as described in F.S. SS83.56(3). The notice requirement of the lease cannot be waived by a tenant, according to F.S. SS83.56(4). The 7-day notice is a condition precedent to an eviction from a residence for failure to comply with a non-monetary clause of the lease or the statutory obligations of the Residential Act.
There are two types of 7-day notifications:
Type 1: The tenant is given the opportunity to correct noncompliance. In this case, the landlord is required to give written notice specifying the noncompliance and that, if it is not corrected within 7 days after the notice was delivered, the landlord will terminate the agreement, according to F.S. SS83.56(2)(b).
Type 2: Noncompliance of such a nature that the tenant is not given an opportunity to correct it. Examples include continued or subsequent noncompliance after a landlord has written a warning about a similar violation, or the intentional destruction, damage, or misuse of property belonging to the landlord or other tenants, or an unreasonable or repeated disturbance.
Bonardi & Uzdavinis LLP prosecutes unlawful detainer actions to remove occupants from the property. Unlawful detainer actions may be necessary if there is a transient tenant on the premises who forced entry and refused to leave, or a former occupant who was allowed to stay on the premises but refuses now to leave. Unlawful detainer only applies when there is no landlord-tenant relation.
Commercial Landlord-Tenant Law Attorney
Bonardi & Uzdavinis LLP assists commercial landlords with the drafting and review of commercial leases, including those for retail, office, industrial, and leisure facilities across various counties in Florida. We represent both landlords and tenants in transactional leasing, eviction cases, and lease agreement disputes such as debt collection. Our team provides effective solutions for both large and small businesses, ensuring that their interests are protected and their legal needs are met.
In commercial tenancies, termination may be appropriate for certain non-monetary defaults. Florida courts generally uphold a landlord’s decision to terminate a commercial lease based on non-monetary defaults more readily than for monetary ones. Examples of non-monetary defaults include:
- The tenant failing to pay rent on time
- Failure to pay taxes, maintenance costs, or repair costs
- Violating a material contract obligation, such as not having the required liability insurance
Injunctions play a significant role in commercial landlord-tenant disputes. Commercial tenants who lease large spaces shared with other tenants, such as in shopping centers, may include a covenant of non-competition in their lease agreement. This restrictive clause prevents the landlord from leasing adjacent space to a tenant’s competitor and restricts the landlord’s ability to compete directly with the tenant. If a landlord violates a covenant not to compete, the tenant may be entitled to an injunction. An injunction is a court action that prevents the landlord from breaking the restrictive covenant, ensuring the tenant’s financial interests are protected.
A Real Estate Attorney
Real estate litigation is a broad practice area encompassing several specialized fields. It requires a real estate lawyer who has mastered business law, possesses in-depth real estate knowledge, and has estate planning expertise in some cases. Bonardi & Uzdavinis law office meets this standard, offering a team of attorneys skilled in litigation, trials, real estate sales, and title disputes. Our firm handles complex, high-exposure deals and represents national underwriters in title disputes. We provide creative solutions for resolving real estate disputes for investors, landowners, and developers, aggressively defending our clients’ real estate interests.
Some of the real estate cases we have handled include:
- Boundary Line Disputes: Resolving conflicts over property boundaries and ensuring clear property lines.
- Title Insurance and Escrow Issues: Addressing disputes related to title insurance and escrow arrangements.
- Remediation of Defects in Mortgages and Deeds: Correcting errors and defects in mortgage and deed documents.
- Quiet Title Action: Handling tax deeds, challenges to title, and curative measures to remove liens, clouds, and encumbrances on title.
- Easement Disputes: Resolving conflicts related to easements and property access.
- Residential and Commercial Real Estate Disputes: Representing clients in disputes involving residential and commercial properties.
- Restrictive Covenant Litigation: Addressing issues related to restrictive covenants and property use restrictions.
- Constructive Trusts: Establishing and managing constructive trusts to protect property interests.
- Mortgage Fraud and Real Estate Fraud: Investigating and litigating cases of mortgage and real estate fraud.
- Homeowners and Condominium Association Disputes: Resolving conflicts between homeowners, condominium associations, and their members.
- Breach of Contract Litigation: Representing clients in breach of contract cases related to real estate transactions.
- Title Insurance Litigation: Handling disputes involving title insurance coverage and claims.
- Quiet Title Litigation: Resolving issues related to title ownership and ensuring clear title.
- Title Services and Closings: Providing comprehensive title services and managing real estate closings.
- Title Inspection and Review: Conducting thorough title inspections and reviews to identify potential issues.
- Title Insurance Bad Faith Lawsuits: Litigating cases involving bad faith actions by title insurance companies.
- Priority Disputes in Lien: Addressing disputes over lien priority and securing clients’ interests.
- Ejectment Actions: Representing clients in actions to remove occupants from their property.
- Partition Actions: Assisting joint property owners in dividing their real estate when they decide to separate.
Failure to Disclose Defects: Recovering damages for buyers when sellers fail to disclose material defects in the property.
In a robust real estate market, many “flippers” or home renovators aim to renovate properties for quick sales. Unfortunately, some of these rehabbers may cut corners, ignore, or hide material defects to the detriment of the buyer. They often use the “as-is” clause of the contract to avoid liability. However, if the seller failed to disclose material defects such as issues with the foundation, roof, plumbing, electrical system, or structural components, Bonardi & Uzdavinis LLP can help buyers recover damages.
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Partition Actions
When joint property owners cannot agree on how to manage their property, most states have a legal process to divide the real estate, known as a “partition” action. One owner can file a partition action to divide the property, allowing each party to have their share. If the joint owners have a close relationship, they might be inclined to contact a family lawyer, but a Tampa Real Estate Litigation Lawyer is often the best choice for handling these cases.
Contact Us
If you have questions about how our Tampa Real Estate Litigation Lawyer can assist with your real estate dispute, call our office at 813-540-1919. Our experienced attorneys are ready to provide you with the legal support and representation you need to protect your interests and achieve a favorable outcome. Whether you are facing a contract dispute, title issue, foreclosure, or any other real estate-related matter, Bonardi & Uzdavinis LLP is here to help. Contact us today to schedule a consultation and take the first step toward resolving your real estate issues.
Address: 6408 E Fowler Ave, Tampa, FL 33617
Phone: 813-540-2019
Email: Team@bufirm.com
Hours of Operation: 8-4pm