LANDLORD RELIEF- Now not until June 2!

Residential evictions have been stalled since the governor’s order on April 2.  The original order expired after 45 days, which meant May 18th.  But yesterday, the Governor extended the date so that June 2 will be the first opportunity to file evictions against non-paying residential tenants.

The Supreme Court took an additional step after the original governor’s order and ordered that writs of possession remain suspended.  The jury is still out on if the Supreme Court will be issuing a new order after May 18^th so that its order is consistent with the governor’s extension.  As it stands right now, an eviction could be filed on June 2, but the sheriff won’t be assisting with the move-outs of the tenants.

Landlords are likely wise to get the ball rolling, because it’s only a matter of time before the process is up and running at full speed.  Tenants should be aggressively working on reaching agreements for a payment plan or make arraignments to move out.

There are still a few questions regarding if the local administrative order for Miami courts will toll response deadlines for tenants until July.  Like the everything pandemic, don’t be shocked if you are told to keep waiting.

Attorney Matthew Ladd is a criminal and civil litigation attorney who offers landlords assistance with eviction matters.  Call us today for your free phone consultation or send us a message.

Would you know if your kid was sexting child porn?

Sexting (by kids and between kids) is illegal in Florida.  If your son or daughter is under 18, add child pornography to the list of things they could be doing that you have no idea about.

A minor commits sexting if “he or she knowingly, uses a computer, or any other device capable of electronic data transmission or distribution, to transmit or distribute to another minor any photograph or video of any person which depicts nudity, as defined in s. 847.001(9), and is harmful to minors, as defined in s. 847.001(6).”

What does the statute mean by “nudity” that is “harmful to minors”?  The short answer is pretty much any picture involving underage nudity other than breastfeeding. Stated differently, pretty much any sext between minors is illegal.

For example, if two kids (under 18 years-old) engaged in a high school romance exchange explicit pictures of each other, they shouldn’t be charged as felons, at least not right away if they are caught.  The first “sext” is a noncriminal violation (like a speeding ticket).  The second one is a misdemeanor that could involve jail (or secured detention in juvenile court).  If they are found to have committed the same offense for a third time, they could be looking at a third-degree felony (up to five years of prison).  It is really easy to get hit with multiple charges because the pictures aren’t likely discovered or brought to the attention of police right away.  That means three separate instances over the course of three separate days could wind up as a felony.

Here’s where the law gets tricky.  It’s a defense to possession of a nude child photograph if the recipient child 1) did not solicit the photograph or video, 2) took “reasonable steps” to report the photograph or video to the minor’s legal guardian or to a school or law enforcement official, and 3) the minor did not transmit or distribute the photograph or video to a third party.

It makes sense that the law has an “out” for people that unwittingly receive something they never asked for, but the law places the additional burden of involving other people to “report” the receipt of the contraband.

Reports to police can come from anywhere, often the other kid’s parents, teachers, or other students.  As always, when the police come knocking, remember anyone (even kids) that are accused of a crime have the right to remain silent.   Confessing is usually the worst thing anyone can do.  Police can even question your kid without a parent present.  It’s best to get legal advice to assess the strength of the government’s case and determine the next step before waiving any rights or admitting to what could be a felony.

An ounce of prevention can help you avoid the whole ordeal.  There are a variety of companies that offer services to monitor your kids’ cyber-activity. Every service has its limitations.  I recommend that you do a little research and find the one that is right for you.  Keeping your children out of juvenile court and off the sex offender registry is worth every cent.

Here’s a link that I found that compares the different services.

Matthew E. Ladd, Esq. is a criminal defense attorney and former prosecutor licensed in Florida.  Nothing contained in this post should be considered formal legal advice or the formation of an attorney-client relationship.  Call Attorney Matthew Ladd for more information on how you can protect your children accused of any crime at 305-665-3978.

Landlords have been calling in at a pretty steady rate asking what can be done about tenants who aren’t paying their rent during the state of emergency caused by the coronavirus.

On April 2, 2020, Florida’s governor issued an order (20-94) to: “[S]uspend and toll any statute providing for an eviction cause of action under Florida law solely as it relates to non-payment of rent by residential tenants due to the COVID-19 emergency for 45 days from the date of this Executive Order, including any extensions.”

That was great news for tenants, but very bad news for landlords.  Tenants should beware that the governor didn’t state that rent was waived.  Landlords are just stopped from filing the eviction lawsuit until the order expires.

The 45 days expire on May 17 assuming it isn’t extended by another order.  In Miami-Dade, we can expect the delay to cause a greater backlog to the already slow process.  However, tenants know that they still owe the rent due for every day they live or otherwise possess the rented property or as set forth in the lease.

It’s a good idea to work with the tenants to accept partial payments and spread any deficiencies out over the balance of the lease or next lease term.  It’s also a good idea to accept the deposit in lieu of further payments if the tenants agree to move-out.  (Remember to always give a receipt with the balance reflected when partial payments are made).  Tenants aren’t going to want to have an eviction on their records when they go to rent elsewhere, and landlords are likely going to have a tough time finding tenants with steady jobs for the rest of the year.

Tenants should be advised to move out before they incur more debt that they can’t afford and to move in with family or friends where possible.  Landlords should also consider allowing additional income earners to move-in and share the bill as co-tenants (and make them sign leases).

I generally advise that as soon as a tenant is late, send a three-day notice.  I still recommend sending the 3-day notice that rent is late, but the three days probably won’t start until May 17 or whenever the executive order expires.  Once the period set forth in the executive order expires and assuming it isn’t extended, the court is likely to accept new eviction cases absent some other order that specifies our courts remain closed.

We have a great track record on handling evictions and charge an initial fee of $300 (flat-fee plus costs) for the 3-day notice of late rent for residential evictions handled by myself, Matthew Ladd, a Florida Bar Licensed Attorney.  We need to review the lease if you have one, the payment history, confirm the amount due, and then we can send the notice. If the tenant doesn’t pay you after the notice is served, the amount paid will be applied to the future attorney services related to filing the eviction lawsuit (generally another $300 plus costs).  Our client meetings are being handled remotely via Facetime, Skype, WhatsApp, or just over the phone.  Documents can be emailed to MattLadd@MLLawMiami.com.

Call Matthew E. Ladd today, 305-665-3978 to get started or to set up an appointment.

This blog is provided for informational purposes and should not be considered legal advice or the formation of the attorney/ client relationship.        

Hate crimes are criminal actions intended to harm or intimidate people because of their race, ethnicity, sexual orientation, religion, or other minority group status. They are also referred to as bias crimes. Last October, a gay couple went to Burger King located in South Beach, Fl. Raymond Ortega, a gay bartender, and Toni Llerena, a transgender woman, were eating when an employee ordered them to leave and called them “f—ing faggots.” When they protested, a security guard repeated the slur, sprayed Ortega with mace and beat him, busting his jaw and seriously injuring his knee, they say.

The two have now filed a lawsuit against Burger King over the October incident, which left Ortega walking with a limp and with more than $10,000 in dental bills. Their lawyers, Matthew Ladd and Robert Pelier, say once Burger King reveals the names of the employee and the security guard, they plan to report the attack to Miami-Dade prosecutors. Authorities do file charges under Florida’s hate-crime law. Ladd said the Miami-based restaurant chain has surveillance video of the attack. “These two are going to get justice,” Ladd said of his clients. “We are going to hold everyone accountable.”