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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

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 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.

Practice Areas

  • Real Estate Closings
  • Title Insurance
  • Litigation
  • Landlord/Tenant law
  • Contract Law
  • Real Estate Litigation
  • Short Sales
  • Debt Settlements
  • Negotiations

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

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

 

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

EXPERIENCED LANDLORD/TENANT ATTORNEY

JACQUELINE A. SALCINES, ESQ.

Anyone who rents a dwelling in Florida is covered under Florida Statutes Chapter 83.   Many tenants are not aware of their rights when renting, particularly with respect to the condition of the property and what the Landlord is required to do. The following is a short but non-inclusive list of landlord duties under the terms of a written or verbal lease in Miami Dade County:

LANDLORD OBLIGATIONS

  1. Roof must not leak;
  2. The walls must be water and weather tight;
  3. The stairs must be safe;
  4. Windows and doors must be weather tight and rodent proof;
  5. Outside doors must have proper locks;
  6. Windows can not have cracks or holes;
  7. Inside floors, ceilings and walls must be in good repair,
  8. Must have hot water;
  9. Must have working water and flushing toilet;
  10. Good working condition of heating and electrical

MUST ADVISE LANDLORD IN WRITING

Any violation of the above requires WRITTEN notice to the Landlord if landlord breach.

Many tenants feel that sending a text message or voicemail is ok as to meet the notice requirements.  However, under Fla. Statutes, landlords must be placed on written notice of the problem in order to allow them to correct it.  Thereafter, 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

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