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SOUTH FLORIDA LANDLORD TENANT LAWYERS

TENANT TERMINATION LETTER

Allowing a tenant to remain in a property after the natural expiration of the lease term, often results in the Residential Lease converting into a  month to month residential lease.  Not all leases have a termination clause that requires either party to terminate in writing or to extend.  Rather, the leases are silent or state that if the tenant remains after the last day of the lease, it becomes a month to month lease, with a termination at will (that is, at the discretion and election of either the tenant or the landlord).

The issue arises, however, when the tenant stays on another month or two to live out the security deposit.  This is not only illegal, but  places the landlord in a predicament if there are any damages to the property.  Cases like this almost always end up in litigation, in a landlord tenant eviction, for non payment.  Tenant thinks they have a month to live, landlord wants them out as soon as possible with protection for damages.

Landlord Tenant Statutes in Florida, Chapter §83, requires that if a tenant remains in possession after the natural expiration of the residential lease, the Landlord must send a Termination of Tenancy Letter.  That letter requires certain time frames for removal. For example, a month to month tenant, must be given 15 days to move out.  If they do not move out after the 15th day, that does not mean the landlord can go in and remove them and the tenant’s possessions. Rather, that gives the Landlord permission to now file an eviction suit.

Any tenant that stays on past the termination of tenancy 15 days, is considered a “holdover” tenant and is liable for double rent to the landlord.  While this may appear to protect the landlord, often tenants are judgment proof and collecting the monies after they are gone is almost impossible.

The termination of tenancy letter to the tenant must contain certain language as required per statute.

At the Law Offices of Jacqueline A. Salcines, P.A., we have been assisting Landlords and tenants with landlord tenant actions for over 18 years.  Before you decide to write the letter yourself, contact us.  We will get it right the first time and process your case in the most efficient manner possible.

We are here to help and protect your rights. Allow us to go to work for you! We offer free phone consultations, and a no cost review of your case. 

Call us today.   305.669.5280 and see how we can help you.


About the Author:

Jacqueline A. Salcines, Esq is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate and Business Law Group. With over 18 years experience including holding a dual degree in Accounting, her broad knowledge of LANDLORD TENANT LAW including giving numerous pro bono seminars for Legal Aid and Put Something Back project,  attorney Salcines serves to aggressively protect and defend our firm’s clients.

Call us today to set up a  free consultation to discuss your specific needs. We are here for you!

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

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines, Esq.

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

Email:  J.Salcines@Salcineslaw.com

SOUTH FLORIDA REAL ESTATE LAWYERS

LANDLORD TENANT LAW

Having a Mold “escape clause” in your lease is the ultimate parachute or protection for any landlord in Florida.  This clause, which is present in many leases, allows landlords to escape liability for any mold that grows in the property after the tenant takes possession.  Having this could mean the Landlord in a Florida landlord tenant lease could escape being responsible for thousands of dollars in property damages.

However, for the tenant, this mold clause is not very favorable.  If you suspect you have mold in your property and have contacted the landlord in an effort to remediate the mold and your request has fallen on deaf ears, there is recourse.  As a tenant, you have options.

Florida landlord tenant law is governed by Florida Statutes Chapter 83.  Chapter 83 makes the landlord responsible for providing habitable conditions in a property rented. This means air, water and conditions that do not cause health concerns.  This means mold!

Many residential landlord tenant leases also require notice to the landlord and opportunity to correct the issue, which could mean calling a mold remediation company to assess the existence of mold, type of mold and remove it.  Mold also causes severe property damages when spores attach to sofas, and clothing, aggravating the situation and out of pocket damages even more.

If you suspect you have mold in your real estate property, call an attorney right away.  Often if handled from the beginning, there are no delays and the issue can be resolved immediately.  We can review your lease at no cost to you and advise what is the best course of action.

At the Law Offices of Jacqueline A. Salcines, PA we have been representing landlords and tenants for over 17 years.  We are knowledgeable in all aspects of landlord tenant law and ready to assist you with your needs. Call 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 matters for over 17 years. If you have an issue with a residential lease commercial lease, landlord tenant law, real estate 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


SOUTH FLORIDA

LANDLORD TENANT LAWYERS

House and lawAll residential Landlord Tenant actions under landlord tenant law in Florida are governed by Florida Statutes Chapter §83.  Landlord tenant law states that anytime a tenant is in default of the terms of the Lease, a written notice with seven days to cure the default is required from the Landlord. An exception is the failure to pay rent.  When a tenant fails to pay rent, the landlord is required to send a Three Day Notice to the tenant.  The tenant is then required to remit payment to the landlord within three days.

Florida landlord tenant statutes regarding the Three Day Notice however are extremely strict and require exact language, as well as exact dates. The three days can not include weekends or holidays and does not include the day it is posted.  The notice must also be posted on the tenant’s door or served with a process server.

If the landlord under a landlord tenant lease accepts payment after the posting of the three day notice, even if partial payment, then the THREE DAY NOTICE become null and void and the landlord can not evict or start the eviction procedure.  Rather, a revised three day notice is required and the mandatory three days waiting as well.

Once the eviction is filed, the tenant is then required to deposit in the court registry, the past due rent, and late fees.  If the eviction does not state the correct amounts due, the tenant can file a motion to determine rents, and have the judge make a determination of what amounts need to be deposited.

 

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
 

SOUTH FLORIDA REAL ESTATE LAWYERS

LANDLORD TENANT LAW

Mold is a recurring issue in South Florida, specially  during the summer months. 

New Florida Bar forms in residential landlord tenant leases now include mold waivers, which require the tenant to inspect the property and consent to its condition prior to moving in and allows the Landlord to be off the hook if mold arises during the landlord tenant relationship.  While not all mold is dangerous to our health, mold can cause severe property damage with spores attaching to clothes and furniture.  One recent mold case handled by our firm resulted in severe asthma and emphysema symptoms to the tenants minor child, resulting in thousand in medical bills, hotel bills and long term care.

Florida landlord tenant law is governed by Florida Statutes Chapter 83.  Chapter 83 makes the landlord responsible for providing habitable conditions in a property rented. This means air, water and conditions that do not cause health concerns. However, if you are one of the many tenants that signed these mold riders to the residential  lease agreement, you may have permitted the landlord to escape liability since the landlord can say it was the tenants failure to maintain the air conditioner or the water conditions in the property. 

Mold issues that arise during a landlord tenant residency must be communicated in writing to the landlord and allow the landlord 7 days to remediate the problem. This  could mean calling a mold remediation company to assess the existence of mold, type of mold and remove it. Since  mold spreads quickly when the conditions (humidity, lack of air flow, dark damp growing conditions), it is crucial to address it immediately when it is first visible.

If you suspect you have mold in your real estate property, call attorney Jacqueline Salcines right away.  Often if handled from the beginning, there are no delays and the issue can be resolved immediately.  We can review your lease at no cost to you and advise what is the best course of action.

At the Law Offices of Jacqueline A. Salcines, PA we have been representing landlords and tenants for over 17 years.  We are knowledgeable in all aspects of landlord tenant law and ready to assist you with your needs. Call 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 matters for over 17 years. If you have an issue with a residential lease commercial lease, landlord tenant law, real estate 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

SOUTH FLORIDA REAL ESTATE LAWYERS

LANDLORD TENANT LAW

Whether you are a tenant in South Florida housing that is experiencing mold, or a landlord in South Florida being told by your tenant that the property has mold, the solution is not always easy.  Living in such close proximity to the water, it is almost impossible to not find a property in South Florida that does not have the presence of mold. And not all mold is dangerous, life threatening or hazardous.  However, some mold is and that is where things can get very scary.

Florida landlord tenant law is governed by Florida Statutes Chapter 83.  Chapter 83 makes the landlord responsible for providing habitable conditions in a property rented. This means air, water and conditions that do not cause health concerns. However, many residential leases contain clauses that opt out of Florida landlord tenant law Chapter 83, and the tenant signs that he accepts the property as is and that at the time of signing there is no  mold.

Many residential landlord tenant leases also require notice to the landlord and opportunity to correct the issue, which could mean calling a mold remediation company to assess the existence of mold, type of mold and remove it.  Mold also causes severe property damages when spores attach to sofas, and clothing, aggravating the situation and out of pocket damages even more.

If you suspect you have mold in your real estate property, call an attorney right away.  Often if handled from the beginning, there are no delays and the issue can be resolved immediately.  We can review your lease at no cost to you and advise what is the best course of action.

At the Law Offices of Jacqueline A. Salcines, PA we have been representing landlords and tenants for over 17 years.  We are knowledgeable in all aspects of landlord tenant law and ready to assist you with your needs. Call 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 matters for over 17 years. If you have an issue with a residential lease commercial lease, landlord tenant law, real estate 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

SOUTH FLORIDA

LANDLORD/TENANT LAWYERS

The relationships between landlords and tenants can involve a host of complex issues. It’s a contractual relationship, usually formalized with a written rental agreement or “lease.”  Like all relationships, sometimes things go sour.

At the Law Offices of Jacqueline A. Salcines, PA we bring over 17 years experience  in resolving landlord tenant disputes, both for residential and commercial contracts in Miami and throughout South Florida.

Our Landlord Tenant services include:

  • Failure to pay rent
  • Damage to property
  • Nuisance
  • Violations of lease provisions
  • Premises liability
  • Maintenance/Repair
  • Eviction proceedings
  • Holdover tenants
  • Abandoned property
  • Security deposit disputes

A well-crafted lease with clear terms can often make resolving disagreements easier and faster. There are many situations in which an attorney can help guide you to an efficient and cost-effective solution. Sometimes, litigation may not be necessary. A few strongly-worded notices from your lawyer can be a powerful motivator.

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 landlord tenant matters for 17 years.

 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

 

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
 

 

House and lawTODO LOS CONTRATOS DE ARENDIMIENTO EN LA FLORIDA PARA RENTAR PROPIEDAD ESTA CONTROLADO  BAJO LAS PROVISIONES DE FLORIDA STATUTES CAPITULO §83.  DUENOS DE CASA, SI SE ENCUENTRAN CON UN INQUILINO QUE NO PAGA LA RENTA, TIENEN QUE CUMPLIR CON LAS LEYES Y NO PUEDEN TOMAR LA LEY DENTRO DE SUS PROPIAS MANOS.  ES DECIR, TIENEN QUE ENVIAR EL DOCUMENTO REQUERIDO NOMBRADO “THREE DAY NOTICE” AL INQUILINO PARA AVISAR DE LA RENTA QUE SE DEBE.  LOS REQUISITOS DE LOS THREE DAY NOTICES BAJO EL STATUTE §83.56 SON BIEN ESTRICTO.  SI EL THREE DAY NOTICE SE HACE INCORRECTAMENTE, TIENE QUE COMENZAR DE UN PRINCIPIO.

DESPUES DEL THREE DAY NOTICE SE MANDA LA DEMANDA DE DESAOLOJO QUE REQUIREN QUE EL INQUILINO DEPOSITE EN LA CORTE LA RENTA DENTRO DE 5 DIAS. SI NO LA DEPOSITAN, ENTONCES EL DUENO TIENE DERECHO GANAR EL CASO FRENTE EL JUEZ, OBTENER UN FALLO JUDICIAL CONTRA EL IINQUILINO AND CONTRATAR EL SHERIFF PARA QUE LOS QUITE CON UN WRIT OF POSSESSION.

LA LEY DE DESALOJO ES BIEN ESTRICTA Y LOS INQUILINOS SABEN COMO MANEJARLA BIEN PARA QUEDARSE LO MAS TIEMPO POSIBLE.

ES BUEN CONSEJO CONTRACTAR A UN ABOGADO PARA QUE LE MANEJE EL DESAOLOJO PARA QUE NO TENGA NINGUN ERROR O TIEMPO PERDIDO.

 

En las Oficinas de la abogada Jacqueline Salcines, PA, la abogada Jacqueline Salcines tiene mas de 16 anos ejerciendo ley de bienes raices y desalojo. Permita que nuestra experiencia sea utilizada para protejerlo a Usted.

 

Llamenos hoy 305 669 5280

O, visite nuestra pagina web  WWW.Salcineslaw.com or 

Correo electronico  Jacqueline Salcines directly at J.Salcines@salcineslaw.com

PRIMERA CONSULTA SIEMPRE ES GRATUITA

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
 

EXPERIENCED LANDLORD/TENANT ATTORNEY

JACQUELINE A. SALCINES, ESQ.

House and lawAll residential Landlord Tenant actions in Florida are governed by Florida Statutes Chapter §83.    All landlords who collect a “security deposit” from the tenant are required to maintain that security deposit in a separate, non comingled account for the benefit of the tenant.  Florida Statutes does not permit a landlord to use the security deposit for the payment of any rent or late fees, or any default under the residential lease. However, landlord and tenant can opt out of the Florida Statutes and agree to allow the landlord to use the monies if the tenant breaches or breaks any terms of the lease.

Upon expiration of the lease, the rules that govern the return of the security deposit are extremely strict. The landlord has exactly 15 days from the date the tenant vacates the property, to remit a letter setting forth any amounts the landlord is going to retain from the security deposit.

The terms of the lease will again dictate what the landlord can charge. For example, cleaning, painting, etc.  As long as the landlord sends the letter in writing to the last known address of the tenant, he or she can keep the deposit or a portion thereof.

If the intention is to not keep it, then the landlord has a designated time to return it as well.

Usually this provision of Florida Statutes is not understood or even known by landlords and when tenants sue for the return of the deposit, because the landlord did not follow the letter of the law, regardless of whatever damages there are, he or she can not keep the deposit. 

Due to the complexity of Florida Statutes Chapter §83,  and how very costly the keeping or using of a security deposit contrary to law can be, it is best to hire an attorney to handle an eviction for you.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing real estate and litigation attorney for the past 16 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
 

SOUTH FLORIDA DEBT SETTLEMENT LAWYERS

DEBT SETTLEMENT IN FLORIDA

Faced with insurmountable credit card debt, or unsecured debt from other creditors, often borrowers find themselves without options.  Whether filing a bankruptcy is best to get rid of all the credit card debt or registering with a credit counselor.  When that credit card lawsuit is filed and served, borrowers often take matters into their own hands and don’t know that by ignoring the suit, they face default and ultimately a judgment. A credit card judgment could then result in a garnishment of wages or freezing of bank accounts, even the levying of a vehicle.

At the Law Offices of Jacqueline A. Salcines, P.A., we have been assisting borrowers with their unpaid credit card debt and unsecured debt for over 16 years.  We know how overwhelming it can be to face an unknown, not knowing how you are going to pay your bills and afraid of what the creditor can do. You have rights and those rights are best protected when you hire us.

There are main differences however between what we do and what credit counselors do.

CREDIT COUNSELOR V. DEBT SETTLEMENT

A credit counselor adds up all your existing debt and negotiates the debt with each creditor so that the interest rate is typically reduced, the card is frozen or cancelled and no principal or balance forgiveness is made off that credit balance.

What we do is negotiate the debt.  Often if you are judgment proof and do not have assets that the creditor can attach to, they will negotiate for pennies on the dollar. Then we cancel the debt.  Not a 10 year plan, but forgiveness of the balance.

And if you are served with a lawsuit for an unpaid credit card debt, we defend you in court as well.   Often, creditors do not file the requisite documents and paperwork, nor post bonds to have their cases heard. But consumers do  not know how to go about getting these cases dismissed.  Our extensive experience working with creditors and borrowers places us in a position to extensively negotiate for you. So that you end up paying only a small portion of the debt.

Allow us to go to work for you and negotiate your debt.

We offer free phone consultations, and a no cost review of your case. 

Call us today.   305.669.5280 and see how we can help you.


About the Author:

Jacqueline A. Salcines, Esq is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate and Business Law Group. With over 17 years experience including holding a dual degree in Accounting, her broad knowledge of DEBT SETTLEMENT serves to aggressively protect and defend our firm’s clients.

Call us today to set up a  free consultation to discuss your specific needs. We are here for you!

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