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Fernando A. Prego

Fernando A. Prego

  • Business Law, Real Estate Law
  • Florida
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Claimed Lawyer ProfileQ&A
Practice Areas
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Jurisdictions Admitted to Practice
Florida
The Florida Bar
ID Number: 0124811
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Professional Associations
The Florida Bar  # 0124811
Member
- Current
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Legal Answers
4 Questions Answered
Q. My landlord leased the unit to another person after i gave written notice of my intent to extend my lease.
A: If a tenant exercises the option to extend the lease with the proper notice and in compliance with the terms set forth in the lease, the landlord generally does not have the right to reject the tenant’s exercise of that option.

Lease options to extend are typically binding on the landlord as long as the tenant meets the specific requirements outlined in the lease, including any deadline for notice and other conditions. Once the tenant fulfills these requirements, the lease should automatically extend under the pre-agreed terms, and the landlord generally cannot refuse unless there is a clause explicitly granting the landlord the discretion to deny the extension.

However, if the tenant fails to adhere to the option requirements—such as providing timely notice or meeting other conditions stipulated in the lease—the landlord might then have grounds to refuse the extension.

A full review of the lease and the factual background leading up to the exercise of the option to renew the lease term is required to provide you with your options. ... Read More
Q. I live in a Pinellas condo. My HOA won’t let me board my windows for a hurricane. Am I allowed to?
A: Hi, the response to this question entirely depends on the language of the HOA's Declaration and any governing documents relating to alterations/improvements to the home. Some HOAs do not allow certain modifications, which may include affixing plywood to the windows of the home.
Q. I found out my neighbor's mobile home is partially in my property. What settlement options can I offer my neighbor?
A: Under Florida law, the encroachment of your neighbor's mobile home, well, and driveway on your property raises several legal concerns, particularly as it relates to your ability to sell the property. A potential buyer's survey during the due diligence period will almost certainly reveal these encroachments, which could complicate or prevent the sale. Since you did not purchase title insurance, addressing this issue now is crucial to avoid future disputes.

Here are a few potential options you can offer your neighbor:

Easement Agreement: You can offer to grant your neighbor an easement, which would allow them to continue using the portion of your property their mobile home, well, and driveway occupy. This agreement would be recorded with the county, so any future buyer would be aware of the encroachment. You could negotiate a one-time payment or recurring compensation for the easement, depending on the extent of the encroachment and how it impacts the value of your property.

Boundary Line Agreement: If the encroachment is relatively small, you may negotiate a boundary line agreement, which adjusts the property lines to give your neighbor legal ownership of the land where their improvements are located. In exchange, your neighbor could compensate you for the land, based on its market value. This would require new surveys and property descriptions, as well as recording the new boundary.

Require Removal: If you want to fully restore your property rights, you could demand that your neighbor remove the encroachments. Florida law recognizes claims for trespass, injunctive relief, and quiet title to resolve disputes like this. If you file a lawsuit, the court may order the neighbor to remove their mobile home and other structures. However, this approach can be costly and time-consuming, and it might be more efficient to settle out of court.

Each of these options should take into consideration the impact on your property value and your ability to sell. If the encroachment is not resolved, it may deter buyers or reduce the property's marketability. Resolving this issue before going to market will help ensure a smoother sale process and protect you from liability down the road.

Consult with a real estate attorney to explore the best course of action, as it may also involve updating public records and agreements to reflect any changes to your property rights. ... Read More
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Contact & Map
Perez Mayoral, P.A.
999 Ponce De Leon Blvd.
Suite 705
Coral Gables, FL 33134
Telephone: (305) 928-1077
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