Lost Your Job, No Money for Rent due to the Coronavirus, should you Panic?

Have you been furloughed or fired from your job, are you concerned about what will happen when your next rent payment comes due, how you are going to put food on the table for your family? Worried you and your family are going to be evicted? It’s a good time to panic right, don’t worry, you are not alone.  Many Floridians are in a similar position due to the effects of COVID-19, i.e., the Coronavirus.  However, you may have a way out of an impossible financial situation, depending on the contents of your residential lease.  Click on this link for more information on small businesses.  

WHAT CAN I DO IF I HAVE BEEN FURLOUGHED OR FIRED?

Obviously, with no money coming in and not being allowed to work its a good time to panic right. No, its time to assess what we have and how long it’s going to last us and what steps we need to take to be in a better position and survive. First, you need to know what money you have on hand to live off of, this means “CASH” and “CREDIT”, what are your expenses, make a list. Once you make a list of your expenses, look at which ones you can cut out to save money. From what we know of other countries who were hit by the coronavirus earlier, we can estimate that this pandemic may last about four months. Therefore we need to plan to survive for maybe five or six months to be conservative. Remember, we may not go back to things right where we left off, it may take some time.

Once you know what monies you have available, which include your credit card limits and your monthly expenses, you will know how many months you can survive. Now that you know this valuable information, you should figure out ways to lower your expenses or eliminate some of them. Do you really need Hulu, Netflix, Amazon, etc? Maybe, but maybe you don’t need the pet groomer. Once you trim expenses, figure out ways to lower your bills, whether it’s calling to get a better cable rate or phone rate, etc. Once you’ve trimmed the fat on your expenses then you need to find out ways to obtain new forms of income. File for unemployment, I know its tedious, time consuming and demoralizing but its something coming in to help pay the bills. The Federal Government is sending stimulus checks to most Americans, don’t go on Amazon and spend it, add it to your list you should call “survival cash” because for now, this is a one-time event. Don’t panic, things will get better!!!

do you have a lease, should you keep paying the lease?

First, it may be a good time to talk to your landlord, he/she should understand that we are in a crisis and you have been forced to stay home and have lost your job as a result. You may be able to discuss alternatives in payment, maybe work out a different payment plan where you don’t pay for two or three months and then pay an additional amount toward the end of the lease to catch up. Right now, most jurisdictions are not allowing for evictions to go forward in the court system and if your landlord knows that he may be more willing to enter into a different payment arrangement with you as he knows he can’t evict you for the moment. But don’t think this will last, at some point, the court will allow the landlord to begin evictions and if you haven’t been paying and haven’t changed your agreement, the landlord can evict you if not now, eventually. Always try to formalize any agreement with the landlord in writing, even if it’s just an email back and forth where the terms are written and you both agree.

If you can’t agree with your landlord in changing your payment for these months, then you should review or have your contract reviewed by an attorney. Many contracts contain provisions for different scenarios that are unknown but could happen during the lease like a storm which makes the home unlivable, etc., allowing the tenant relief from having to pay rent. One of these provisions often found in a contract is called a “force majeure clause”, which if contained in your lease, may excuse the tenant from complying with their normal obligations when certain circumstances beyond their control arise, making performance inadvisable, commercially impracticable, impossible or illegal.  While these types of clauses vary; if one is contained in your lease, it may provide you with another option if you are unable to pay your rent by the due date. 

The attorneys at G&R Law are able to assist you in this time of need, whether it is reviewing your finances to help you with a budget or your lease to see if it contains this force majeure clause free of charge.  If your lease does contain a force majeure clause, G&R Law will work with you during these trying times and within your financial means to negotiate with your landlord on your behalf and ensure you are able to stay in your home for as long as possible.   

Please click on the link to contact G&R Law, to set up your free of charge telephonic appointment. 

Stay safe during these trying times.  

RENTING YOUR HOME ON AIRBNB OR OTHER RENTAL WEBSITE IN THE FLORIDA KEYS OR ELSEWHERE, “BEWARE” OF HEFTY FINES FOR MUNICIPAL ORDINANCE VIOLATIONS AND TAX REPORTING REQUIREMENTS

Renting on websites like Airbnb, VRBO or other online rental sites has become very popular for homeowners with properties in popular destinations like Florida. The sites are easy to use and setup for renting but usually don’t tell you very much about your particular state, local or community restrictions or the requirement of collecting state and county taxes. Many homeowners simply put their homes on these websites without being informed or doing their own research and then later receive a notice that they are in violation of state, city, county or association ordinance or law. It is not always easy to find out if you’re in compliance and it takes a bit of research to determine if you are truly ready to rent your home on a rental website.

As an example I will use the Florida Keys in Monroe County, Florida which is a popular tourist area but this example will apply in some way to most locations. If you want to rent a home in the Florida Keys you have to first be aware of its location to determine what length of time you are allowed to rent. Buried in the county’s website is a map with color shading and codes which you have to decipher to determine what length of time your location is allowed to rent. This determination is crucial as to whether you can even advertise or rent less than the restrictive 28 day limit imposed by Monroe County Code 134-1 (k). The code is confusing and arbitrary in that it applies to certain areas and not others and basically has the effect of pit falling homeowners into violation that have not properly researched the ordinance and its restrictions. In certain areas like Islamorada and Marathon for instance, you can rent for less than 28 days but not less than 7 days. As an owner, the disparate treatment between owner’s property rights to rent seem unfair where some property owners just because of their location have a further right to the use of their land than other similarly situated homeowners in the general area.

The county has investigators combing rental websites and posing as interested renters and if your home is simply advertised for nightly rentals (whether or not it is being rented on a nightly basis) the county will claim a violation of the code by merely “advertis(ing) or hold(ing) out for rent.” Advertising alone according to the code is sufficient for a code violation. The county doesn’t send first time violators a courtesy notice for compliance, instead it sends a violation notice and hearing date to assess a hefty fine. The Board of County Commissioners has developed or internally agreed to the imposition of a fine for first time violators by multiplying the nightly advertised rental rate by 30 (30 days of rentals) which in most cases amounts to thousands of dollars in fines for first time violators. The Monroe County website seems to bury any information as to rentals, in its “Links for Residents” page and it fails to provide any useful information for homeowners who want to rent their homes. You have to know that on the code enforcement page they have something called “Vacation Rental Program” which may or may not apply to you depending on the location of your home to determine what applies to your situation.

Fines Imposed for Violation of Ordinance

As you can imagine, the number of homeowners who are first time violators is enormous and the county holds hearings where the room is filled with first time violators who look like dear in the headlights, the county attorney after hearing the evidence presented by the investigator recommends to the magistrate judge the imposition of the hefty fine and the magistrate judge finds the homeowner in violation and imposes the hefty fine or reduces somewhat the fine as he/she sees fit. The practice of imposing these hefty fines for first time violators in my opinion is as a revenue stream for the county which I am sure represents millions in revenue and is why they do not provide first time violators with a simple notice for compliance and why the information is buried on their website. I am sure most first time violators would comply with the ordinance if they were simply noticed for non-compliance.

Ordinance History

The county’s stance and the history behind the ordinance seem to be that the 28 day restriction was imposed to protect neighborhoods from the impact of transient tenants on the surrounding area including the environment and to provide affordable housing. If this is so, why doesn’t it apply to every single residence in all of Monroe County. This claim is a falsehood in that the properties are meant to be occupied at all times by the number of tenants the property was designed to hold and permitted by the county for its impact to the surrounding area. I have found no evidence which shows that the cost of housing is reduced or more affordable because this ordinance is in place. Homeowners can find many more tourists/renters willing to rent for a shorter period of time and pay a higher rate than renters willing to rent for a minimum of a month at a lesser rate. The Florida Keys is constantly advertising to bring in more tourism, these homes are perfect for short term visitors who are seeking the comforts of a home which often times is more affordable than a hotel. Allowing shorter term rentals would make the area more alluring to visitors and more beneficial to the surrounding businesses in the area and generally more tax revenue for the county. Most short term renters in the Florida Keys are looking to stay for a few days maybe a week and enjoy the various water activities in the area and the local dining and shopping.
Whether the imposition of the county ordinance is a restraint on a homeowner’s rights or whether other similarly situated homeowners are being treated differently by not having to comply with this ordinance or whether this ordinance serves to protect the surrounding neighborhoods or provide more affordable housing or whether its true purpose is to lessen competition with hotels are all worthy debates which should be further discussed and possibly changed by the voters of Monroe county.

State and Local Taxes

In Monroe County, once you determine whether your property falls under the 28 day ordinance, your not ready to rent, you must then determine whether Airbnb or other advertising company is paying the occupancy taxes of the state and any local taxes. For instance, Airbnb on its website states that it is paying the state and local taxes for the property. If you look at the setting for Gross Earnings on the Airbnb tab under “Progress” and “Transaction History” they will provide you the occupancy tax that they are collecting and paying on your behalf. Normally, the Florida Department of Revenue requires you to register and pay this tax annually, quarterly or monthly, when I inquired as to registration, a representative stated that since Airbnb was paying directly, the requirement to file and register was basically waived but you could register if but would not need to file. I suggest calling the Florida Department of Revenue and the Monroe County Tax Collector’s office and confirming your tax filing requirements before placing your property for rent to make sure you are in compliance.

Conclusion

As described in the example above with the Florida Keys, it is imperative that you do the necessary research before placing or having someone place your property for rent online as you could be heavily fined for renting or even just advertising for rent in places like the Florida Keys. Also, don’t forget to contact your state and local taxing authority to make sure you are in compliance with any reporting requirements. If you have any questions or have received a notice please don’t hesitate in contacting our offices.

What is FL Homestead Exemption and how does it help O.J. Simpson?

After spending almost a decade in prison, Orenthal James Simpson, more famously known as O.J Simpson or The Juice, is looking at early parole as soon as October 1 for good behavior. At the moment O.J Simpson still owes a little over $30 million to the families of Nicole Brown Simpson and Ronald Goldman after being found liable for their deaths by a civil jury in 1997. It is reported that after being released from prison Mr. Simpson will find sanctuary from his creditors in the sunshine state of Florida.

The state of Florida has been notoriously known for protecting its citizens from creditors with its generous asset protection laws. In Florida your home is truly a castle, a castle so strong that not even the Dragon queen, Daenerys Targaryen, can penetrate its walls.  Article X, Section 4 of the Florida Constitution establishes this protection against creditors. Let’s break down homestead exemption and how it helps you as a homeowner. Under the Florida Constitution, Homestead exemption accomplishes three types of exemptions:

  1. Exemption from forced sale before and at death
  2. Restrictions on devise and alienation
  3. And exemption from taxation per Art. VII, Section 6 (will be discussed in greater detail in next blog)

First off let’s define what constitutes a Homestead. A homestead is the home where you and your family reside in, which comprises of land, house, and outbuildings.

The state of Florida prohibits creditors to force an individual to sell its homestead in order to pay back a debt, including their heirs. Unlike other states, Florida’s exemption from forced sale provides an even greater protection by not limiting the value of certain real property that can be protected from creditors.

In addition to protection against creditors, Florida homestead exemption protects the right of spouses/family members living in that homestead, regardless of whether you are on the title of that property or not. The restrictions on devise and alienation give the homestead owner a basic outline on how he/she can transfer their homestead. In life, restrictions on alienation impede the owner of a homestead of selling his property by requiring the consent from his/her spouse. In death, restrictions on devise impede the owner from devising his property in the event he is survived by a spouse and/or minor children.  For example, should a husband die and in his will leave his homestead to his mistress rather than his wife, the transfer would be denied by the court.  Or rather in life, should a husband decide to transfer his homestead to his mistress, he would first need the consent of his wife in order to do so. On the other hand he would be able to transfer his non-homestead property however and to whomever he wishes.

It is no wonder that O.J. Simpson finds comfort in knowing that a homestead he may acquire will be protected here in Florida. Should he buy and reside in a new home here in our sunshine state, his property and assets therein would be securely protected behind our Florida Homestead Exemption laws from his “creditors”, the families of his victims, Nicole Brown Simpson and Ronald Goldman. But while O.J. Simpson may think he’s outsmarted his creditors, in the end no one can run from the Dragon Queen, Daenerys Targaryen.