EXPERIENCED LANDLORD/TENANT ATTORNEY
JACQUELINE A. SALCINES, ESQ.
All 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