EXPERIENCED LANDLORD/TENANT ATTORNEY
JACQUELINE A. SALCINES, ESQ.
Day after day, I receive calls from frustrated Landlords whose tenants have stopped paying rent because the air conditioner is broken or because the landlord has failed to correct something. Many tenants take the law into their hands and without collection of rent, the landlords are in position of defaulting on mortgages and loans. While the terms of the Residential lease will more than likely control the manner of notice and what obligations the landlord and tenant have with respect to these issues that arise, often landlords perform self-help evictions, cut electrical power, or water, or do something that damages their chances of succeeding in removing the nonpaying tenant or filing a suit in court.
In addition to any obligations called for in a lease, typically, landlord obligations under Florida statute include
- Roof must not leak;
- The walls must be water and weather tight;
- The stairs must be safe;
- Windows and doors must be weather tight and rodent proof;
- Outside doors must have proper locks;
- Windows can not have cracks or holes;
- Inside floors, ceilings and walls must be in good repair,
- Must have hot water;
- Must have working water and flushing toilet;
- Good working condition of heating and electrical
Any violation of the above requires notice to the Landlord if landlord breach, or tenant if tenant breach.
A landlord can not evict a tenant because the tenant is complaining of the property being in disrepair. This is called retaliatory eviction and is not tolerated by the courts.
A landlord can not cut off water or electrical to the tenant merely because they have stopped paying rent.
Evictions are expensive and time consuming. And often, issues that arise can be resolved out of court.
However, if you require a letter or eviction filing, 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