EXPERIENCED LANDLORD/TENANT ATTORNEY
JACQUELINE A. SALCINES, ESQ.
Tenants in Florida often take the law into their own hands and think that by withholding rent they are going to get their landlord’s attention. While they do get the landlord’s attention, it often results in their getting a 3-Day notice of eviction. For many tenants, unfamiliarity with Florida Statutes Chapter 83 places their possession of the home in jeopardy.
Tenants should be aware of 5 common mistakes they make so as to avoid facing an unlawful eviction for trying to get a Landlord to comply:
- PUT IT IN WRITING. A mere text or phone call to complain of a problem or issue is not enough. You must review the terms of the lease to see what type of notice requirements it calls for. If it requires notice to be sent to landlord in writing, then this must be followed in order to preserve your rights under the lease.
- DONT TAKE MATTERS INTO YOUR OWN HANDS. If for example, the air conditioner breaks, you are not permitted to fix it on your own or move out temporarily and get a hotel room and stop paying rent. You must advise the landlord and allow them the necessary days to fix it. This may require sending over an expert repair man. So be patient in order to preserve your rights.
- GET IT IN WRITING. Only what is written into a lease will control the terms and obligations of both the landlord and the tenant. So if you are about to move in and the landlord verbally tells you he will paint or replace the carpets, if it is not in writing, then he or she is not obligated.
- MOLD. Mold is a huge issue in South Florida and many tenants think that just because they are ill or have allergies, the landlord is responsible. This is not the case. You must have proof of the mold. You must have a mold inspection report and you must have medical treatment.
- YOU CAN VACATE THE PROPERTY AND NOT BE RESPONSIBLE FOR REMAINDER OF THE RENT ONCE YOU VACATE. This is not the case. You are responsible, if you have a written lease and there are months remaining, for the balance of the rental term. You may be sued for the remainder of the term. So be careful and get permission to move out and be off the hook in writing from the Landlord.
At the Law Offices of Jacqueline Salcines, PA, we are experienced real estate litigators, and very knowledgeable in landlord tenant law. While hiring us to help with the Lease Agreement prior to taking possession is always the best advice, often we are brought in to help when the tenant has already stopped making payments. As tenants, you have many rights that require protection. But Florida Chapter 83 is very strict and one misstep, or failure to communicate or cure a condition, could put you at risk
With over 16 years experience in real estate law and litigation, we are here to help.
At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines, as a real estate attorney for the past 16 years and holding a dual degree as an accountant, we can protect your interests and your investment.
The first consultation is always free of charge. Or email attorney Jacqueline Salcines directly your real estate question at J.Salcines@salcineslaw.com