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Interview with Nishad Khan, Real Estate Attorney

Nishad focuses his practice on all aspects of real estate law, including commercial development, landlord tenant, residential sales and purchases, distressed properties, loan workouts, title issues and financing. Nishad also devotes a significant portion of his time to estate and business planning, wills & trusts, probate, wealth preservation, business law and commercial agreements.

Nishad’s website:
https://nishadkhanlaw.com

Transcript

Benjamin Sens
Hey everyone, this is Ben from boss construction your South Florida permanent code compliance specialist. I’m here today at the hard walk with the shod con What’s up, man? What’s going on? How you doing everything good, good. I’m doing great. How are you? Thank you so much for coming out here and educating agents and title companies from a legal perspective on what, what we’re dealing with in these situations. And where’s your office located? So I’m based out of Orlando, Florida,

Nishad Khan
okay. I practice throughout Florida. I have clients all the way up north to the coast up there, Emerald coast, all the way down as far as Miami and my focus is real estate law. I’m also an instructor for Florida realtors, and I teach classes quite a bit and I love education. I love teaching you go

Benjamin Sens
across the state. I do classes in places. Yes, that’s awesome. Yeah, I handle classes just on the local level about permitting and code violations and kind of boots on the ground stuff here in the Tri County area. Today you’re going to be talking about just a small thing. Just Airbnb will begin But just, you know, a portion of that V, and how that has changed how the municipalities are doing business. We’re standing today in the hardrock. Right? And so these hotels have gone a little feisty, because they’re saying, I’m not an attorney, but again, from being a city Inspector, the property owners in the hotels, they’re saying to the city, hey, how could these guys come in and undercut our industry and operate kind of like the Uber and the taxis and the medallions and things like that? What is your perspective on the issue?

Nishad Khan
So I’m going to give a good overview as to why this is an issue between the hotel operators and the homeowners. There’s good arguments on both sides. The homeowner is generating income, and at a time when we were in a recession, it was great to have that kind of income. The hotel operators simply want the homeowners to operate by the same rules. So in Tallahassee, the legislators are trying to seek a balance between those two competing arguments. So Right now when you go throughout Florida, the rules are very different city by city, county by county. And I’m going to talk why that’s the case and where we’re going from there. And so this makes it difficult when I teach in Panama City versus Miami versus Orlando, where you can’t even have short term rentals. You have to understand the rules in every single municipality and for real estate agents. There’s no one glove that fits all. It’s different rules in different places. But what I’d like to do is at least let them know what they need to look at and think about when they have a client that’s considering a short term rental and

Benjamin Sens
there’s some of my clients for example, I operated and having a lot of agent a while their clients for example, the yacht club, and they love doing the Airbnb s because it gives them the opportunity to create a business have some rental income. So these guys around the Superbowl in Miami Gardens and they had houses I mean, oh, the city’s gonna come in and inspect right and they want their occupancy license. How do you bring your local zoning laws and an r1 zoning district or in Highland Oaks around here where there’s single family outside of Ventura. And then next door you have bikinis jumping music videos going on. Right. So it is it is it sort of like, I know what the open permits and code violations. I know the state tries to tell the local municipalities, you know what to do and how to handle those. But the municipalities, they govern zoning and land use and local ordinances they could do. They could take the state laws further and do what what would they need in their local communities? Right. Is that what that’s kind of the rub,

Nishad Khan
because the state has preempted the whether they can prohibit or allow short term rentals, but they have allowed the local municipalities under this concept known as home rule to regulate these short term rentals. And a lot of the lawsuits and litigation you’ll see from Airbnb is because these local municipalities are have overburdening or far reaching rules. Whether they’re targeting vacation, And rentals. Yeah. And so you know, that’s that’s the conflict we have between the state and the local and the League of Cities and all these other organizations is that the state is allowed to control vacation rentals, the local municipalities are allowed to regulate them, but how far can they go and regulations

Benjamin Sens
and it’s amazing, you’re here today because I just deal with things in Miami Dade, Broward and Palm Beach, but that’s where the municipalities have kind of come in and say, Hey, you know, you’re gonna bring your, your duplex in Victoria Park, you’re gonna bring that into compliance, these kitchens and these bathrooms. So I’m kind of cleaning up some of this stuff. But it’s it’s really cool today that we have educators like you here and people with experience throughout the state. And it’s an honor

Nishad Khan
to I’m here to share I mean, thank you. This is a hot top. Yeah. You have people that are sitting from their couch generating income from a property that they own as a primary residence or a second home without doing anything other than lifting a finger. Yeah, and this is the war way the world is going with Uber with Uber, eats and Amazon So it’s some it’s cool watching technology come into real estate and create this sort of

Benjamin Sens
come up. And now it’s interesting I was in, I was in the South Bay club over at Miami Beach the other day. And there’s a big thing over by the counter and it says, if you’re found doing this, not only is the association going to find you in violation, the city’s gonna find you in violation, but a lot of these Association and conduct a lot of these condo associations, were allowing this to go on in the building knowing about it. So the city’s even going a step further. They’re saying, hey, if you guys are found to know about it and facilitating this process, we’re going to start finding your your common area follow folio. So the way these loads it’s really remarkably easy. And the resolution for every one of these situations is different. So hopefully, you know, look, the municipalities, they do a lot of consumer protection. A lot of the education that I do is like the municipality went on Trulia or Zillow, and they saw this open house and now they’re hitting him up for violations. But a lot If it’s to consumer protection, and so there’s some good and then there’s some bad about regulation, or what I like to do is bring you viewers at home in the real estate professional community videos like this so we can understand how local governments are operating changes in the law.

Nishad Khan
What’s the best way to reach you? Sure, you can find me on my website www dot nutshot con law calm. That’s an i sh ad, KHAN, la w calm

Benjamin Sens
and anytime I have local municipalities that are fighting with my clients or leaving their property or doing things out of they’re not recording the lien properly or there’s some unjust and due process. Can they contact you?

Nishad Khan
Sure, they can contact us and we’ll also advise in a contact people like yourself, to help them with boots on the ground and figure out how to clear up those violations. But as far as the legal ramifications and working with the city, we can certainly help that

Benjamin Sens
mean I don’t mind going to special magistrate hearings. But usually you need a great attorney with excellent experience in real estate to navigate local governments. So that’s another reason why I’m happy I got to interview. Thank you so much, man. Thank you.

Transcribed by https://otter.ai

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