SOUTH FLORIDA RESIDENTIAL LANDLORD TENANT LAWYERS

South Florida Residential Landlord Tenant Lawyers

At the law firm of Jacqueline Salcines, PA we regularly handle residential landlord/tenant cases for residential and commercial landlords and tenants in Miami-Dade and Broward County. Our landlord/tenant experience has been obtained by working with owners and tenants, spanning over 14 years, to represent them in litigation involving evictions.

Florida Residential Landlord/Tenant Law

With foreclosures in Miami Dade and Broward on the rise,  many homeowners have chosen to forego their dream of owning and to avoid the weight and responsibility of a mortgage.  Likewise, many investors who purchased short sales, REO or other real property seeking to maximize their real estate holdings, have also entered into rental contracts.   When a tenant stops paying the rent due to hardship, and the landlord must protect their rights, that is where we come in.  Florida statutes are strict when it comes to landlord/tenant law. Therefore, getting it right the first time is pertinent.

No matter whether you are a landlord or a tenant, if you are considering an eviction or facing one, it is best to consult with an attorney today.  We:

• Prepare and serve the three-day notice
• Prepare the 5-Day summons in eviction
• Obtain the judgment to have the tenant removed
• Obtain the writ of possession
• Obtain the monetary judgment against tenant for amounts due

For tenants, the first step in a residential eviction is to for the landlord to serve the tenant with a notice to pay or vacate. If a tenant has not paid the rent, the Landlord is required to give the tenant a three-day notice in writing to vacate the premises or pay rent. It is not uncommon for landlords or their agents to improperly ask tenants for more money than is owed under the guise of “late fees”, “administrative fees” etc … or to improperly calculate the rent due date. In the eyes of many judges, these issues are enough to result in a delay or even dismissal of the eviction.

The next step in the residential eviction process is for the landlord to file and serve an eviction complaint. After the tenant receives the complaint, they have as little as five (5) days to respond to the eviction action or face a default (i.e. the loss of the right to defend the eviction action). If the tenant files a written response, the court will set a hearing on the case where both the landlord and tenant can argue their case. If the tenant does not respond, the landlord may ask the Court to enter a default judgment in the landlord’s favor. If a judgment is entered, but the tenant still fails to leave, the landlord has the right to ask the Sherriff’s Department to evict the tenants by serving the writ of possession.

Abandonment

Unfortunately, eviction does not break all legal ties between landlord and tenant. A former tenant may still make claims against their landlord for the return of a security deposit or advance rent. The landlord likewise may assert a claim for past-due or accelerated rent, damages, or costs. Therefore, while landlord tenant law may look like a straightforward process, it is always advisable to hire an experienced residential landlord tenant lawyer to advocate for your best interests.

For a free consultation with a residential landlord tenant lawyer in Miami-Dade or Broward County, please contact our law firm at 305-669-5280