Fernando A. Prego

Fernando A. Prego

  • Business Law, Real Estate Law
  • Florida
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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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Websites & Blogs
Website
Florida HOA & Condo Lawyers
Legal Answers
5 Questions Answered
Q. I purchased a vacant residential lot at a tax auction. The neighbor removed the fence on their property that faced my lo
A: You will need a survey of the property that will show encroachment onto your vacant lot as a result of the installed fence. If there is encroachment, that subjects the neighboring owner to civil claims to quiet title, partition of real property, ejectment, trespass, injunctive relief, and other potentially applicable causes of action. You should retain counsel as soon as possible to ensure your property rights are protected.
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.
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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.
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Contact & Map
Perez Mayoral, P.A.
999 Ponce De Leon Blvd.
Suite 705
Coral Gables, FL 33134
US
Telephone: (305) 928-1077