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SECURITY DEPOSIT – FLORIDA STATUTES §83.49

SOUTH FLORIDA LANDLORD TENANT LAWYERS

As a landlord, are you aware that under Florida Statutes Chapter 83.49,  you are required to provide your tenant with a written notice, within 30 days of entering the lease, advising where the deposit is held, the banking institution and the name of the account?  Are you aware that if this is not done, then you are required to return the security deposit to the Tenant and can not keep it to satisfy any damages caused by the Tenant?

This is a harsh law that protects tenants to make sure the funds that are advanced by the tenant, are held secure and are not commingled with other funds of the Landlord. And the courts are strict about this.

Next time you are about to enter into a landlord tenant residential lease, it is best to contact an attorney to assist with contract review and preparation if required, and to guide and counsel you so you are protected every step of the way.

We are a full service real estate law firm handling all aspects of contract and landlord tenant law.

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Contact the Law Offices of Jacqueline A. Salcines, PA today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate problems for 17 years. If you have an issue with a contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com

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LANDLORD TENANT LAW – RETURN OF SECURITY DEPOSIT

EXPERIENCED LANDLORD/TENANT ATTORNEY

JACQUELINE A. SALCINES, ESQ.

House and lawAll residential Landlord Tenant actions in Florida are governed by Florida Statutes Chapter §83.  When a tenant stops paying the rent, the landlord is required to follow Florida Statutes Chapter 83 which sets forth the steps for collecting rent:

1.  Three Day Notice

2.   Filing of a lawsuit in eviction

3.   Serving the tenant with the 5-day summons and complaint

4.  Waiting for the tenant to answer or obtaining a default

5.  Enlisting the services of the Sheriff to execute the Writ of Possession

Many landlords believe that when a tenant vacates or has been evicted, they are entitled to retain the security deposit as a punishment or to recuperate lost rent.  This is absolutely false and against the law. Landlord Tenant law in Florida and Florida Statutes covering landlord tenant residential actions specifically require the Landlord to return the security deposit to the tenant by Certified Mail, at the last known address, within 30 days days of vacating the premises.  If the address has not been provided, then the property address will suffice. 

While some landlord tenant residential leases do permit it to be kept, of have liquidated damage clauses for early termination or abandonment, there are strict requirements under Florida Landlord Tenant law as to what steps a Landlord must follow if he or she intends to keep a portion of the security deposit, or all of it.  A statutory letter must be sent within the required time frame with an itemization of the exact amounts being kept and the reason for not returning it to the Tenant.

This letter is often never sent or if sent, the landlord writes it incorrectly. That is where the services of a knowledgeable landlord tenant lawyer come in.

 

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing landlord/tenant law, real estate and litigation attorney for the past 17 years.  She is well versed in Landlord Tenant law and has given many pro-bono lectures and seminars on the topic, including  for legal aid.  Allow us to protect your interests, whether you are a landlord or a tenant.  The first consultation is always free of charge. 

Call us today 305 669 5280

Visit us today at WWW.Salcineslaw.com or 

Email attorney Jacqueline Salcines directly at J.Salcines@salcineslaw.com

THE FIRST CONSULTATION IS ALWAYS FREE OF CHARGE.

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FLORIDA 33146
TEL: 305 | 669 | 5280
DIRECT EMAIL:  J.SALCINES@SALCINESLAW.COM
 
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