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
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-05-19 10:55:242022-12-20 13:59:07PROTECTING THE LANDLORD IN TENANT DISPUTES IN FLORIDA.
Unlike many states, in Florida if you are sued for a deficiency balance (the difference between what your home sold for in foreclosure auction versus what the final judgment amount stated you owed) borrowers and homeowners have rights. On July 1, 2013, the Florida legislature passed the Fair Foreclosure Act which limited the time period for which the judgment creditor could sue from 5 years to 1 year.
For judgments entered prior to the enactment of the new law, the deadline for filing a deficiency suit was July 1, 2014.
If you are receiving letters or calls from Dyck O’Neal trying to get you to pay on this so called debt, you have rights. At the Law Offices of Jacqueline A. Salcines, PA, we are here to defend and protect your rights!
At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise with these deficiency collection matters and lawsuits, particularly with Dyck O’Neal, as well as in the field of negotiating and settling debt for pennies on the dollar. We employ market knowledge, extensive litigation experience, contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in debt settlement and oral and written contracts as well as negotiating them when they don’t go as planned, is what sets us apart.
With prompt intervention to resolve disputes amicably, without the need to litigate, we are here to get debt settled, without the necessity of filing for bankruptcy.
With more than 16 years experience, attorney Jacqueline Salcines has been practicing law with the need of her clients first. Upon calling the firm you get the feel of how the client is our first priority. We are here to help you with your purchase or sale and do so with hands-on legal experience.
Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15 years. She brings her knowledge and experience to every real estate transaction. Let us go to work for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-05-19 10:51:012022-12-20 13:59:07ARE YOU BEING SUED BY DYCK O’NEAL?
The statute of limitations is a rule that sets a time limit within which a creditor may sue you for payment of a debt. The length of time that a creditor has to sue you on an unpaid debt varies from state to state. On a mortgage note in some states, it’s five years. In other states, it might be longer. The time limit may also depend on whether your agreement with the creditor is in writing or not, and whether the debt is a special type, like a revolving or open-ended account.
When it comes to mortgage debt, however, many borrowers are in limbo. Their foreclosures were dismissed back in 2013, 2014. The lender has not tried to restart the foreclosure. The bank has not called for payment. Yet, statements from the servicing bank, showing past due amounts, continue to be mailed. What is a borrower to do?
Is the debt valid? Should it be paid? Should you attempt a loan modification? Or a short sale?
The answer is NO!
In fact, the debt may be eligible to be written off as uncollectable. But how do you know if you qualify to get the mortgage removed.
At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise in the field of mortgages and settlement and negotiation of such debt. We have been successful in obtaining complete write offs for our clients and settlements for often pennies on the dollar
With prompt intervention to resolve disputes amicably, without the need to litigate, we are here to get debt settled, without the necessity of filing for bankruptcy.
With more than 16 years experience, attorney Jacqueline Salcines has been practicing law with the need of her clients first. Upon calling the firm you get the feel of how the client is our first priority. We are here to help you with your purchase or sale and do so with hands-on legal experience.
Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15 years. She brings her knowledge and experience to every real estate transaction. Let us go to work for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-05-12 19:07:082022-12-20 13:59:07MORTGAGE THAT IS MORE THAN 5 YEARS PAST DUE. IS IT COLLECTABLE?
The statute of limitations is a rule that sets a time limit within which a creditor may sue you for payment of a debt. The length of time that a creditor has to sue you on an unpaid debt varies from state to state. In some states, it’s four years. In other states, it might be longer. The time limit may also depend on whether your agreement with the creditor is in writing or not, and whether the debt is a special type, like a revolving or open-ended account. To find out your state’s statute of limitations, see our state by state listing below.
If the time limit to sue on the old debt expired under your state’s statute of limitations, that does not mean that a creditor or bill collector must stop contacting you about it. They can ask you to pay the debt. They just can’t sue you (or threaten to sue you) for it.
MIDLAND CREDIT MANAGEMENT is a third party asset recover or debt collection company , and subsidiary of Encore Capital Group of San Diego, that tries to collect delinquent credit accounts and services accounts for Midland Funding, LLC.
As of Mid-April 2014, the US Consumer Financial Protection Bureau (CFPB) database listed more than 1,600 complaints against Encore Capital Group complaining that they are violating various laws, making false statements by representatives, and collecting debt that consumers do not owe.
If you believe Encore, Midland Funding or any of its subsidiaries are calling and harassing you, you have rights!!
Why Should You Care About the Statute of Limitations?
Every day, consumers pay off collection accounts and charge-offs they do not have to pay off because the statute of limitations has already expired for the open account. Consumers pay off these accounts because the accounts still appear on their credit reports.
This information can be a powerful weapon in unburdening yourself of old debts, as creditors have a limited time in which to sue you. Remember, the statute of limitations begins to run from the day the debt, or payment on an open-ended account, was due. Also, this has nothing to do with how long an negative credit item can remain on your credit report.
Consumers also pay off these accounts when they are not on their credit reports. Even though an account was removed from their credit file, a collector watched their credit report for any activity (actually the computer was watching any credit activity). When the collector spotted the activity, he called the consumer for payment. All the consumer needed to say to the collector was, “I have an absolute defense since the statute of limitations has expired.”
The statute of limitations does not cause your debt to go away after it expires. If the creditor files suit, the consumer has an absolute defense. The consumer must offer the new evidence to avoid a judgement. The evidence will consist of papers the consumer files to support his claim. If the creditor sues you, and you do not prove to the court that the statute of limitations expired, you will have a lost lawsuit and a judgment against you.
At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise in the field of negotiating and settling debt for pennies on the dollar. We employ market knowledge, extensive litigation experience, contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in debt settlement and oral and written contracts as well as negotiating them when they don’t go as planned, is what sets us apart.
With prompt intervention to resolve disputes amicably, without the need to litigate, we are here to get debt settled, without the necessity of filing for bankruptcy
With more than 16 years experience, attorney Jacqueline Salcines has been practicing law with the need of her clients first. Upon calling the firm you get the feel of how the client is our first priority. We are here to help you with your purchase or sale and do so with hands-on legal experience.
Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15 years. She brings her knowledge and experience to every real estate transaction. Let us go to work for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
The statute of limitations is a rule that sets a time limit within which a creditor may sue you for payment of a debt. The length of time that a creditor has to sue you on an unpaid debt varies from state to state. In some states, it’s four years. In other states, it might be longer. The time limit may also depend on whether your agreement with the creditor is in writing or not, and whether the debt is a special type, like a revolving or open-ended account. To find out your state’s statute of limitations, see our state by state listing below.
If the time limit to sue on the old debt expired under your state’s statute of limitations, that does not mean that a creditor or bill collector must stop contacting you about it. They can ask you to pay the debt. They just can’t sue you (or threaten to sue you) for it.
TYPES OF DEBT AGREEMENTS
Oral Contract: You agree to pay money loaned to you by someone, but this contract or agreement is verbal (i.e., no written contract, “handshake agreement”). Remember a verbal contract is legal, if tougher to prove in court.
Written Contract: You agree to pay on a loan under the terms written in a document that you and your debtor have signed.
Promissory Note: You agree to pay on a loan via a written contract, just like the written contract. The big difference between a promissory note and a regular written contract is that the scheduled payments and interest on the loan also is spelled out in the promissory note. A mortgage is an example of a promissory note.
Open-ended Accounts: These are revolving lines of credit with varying balances. The best example is a credit card account. Note: A credit card is ALWAYS an open account. This is established under the Truth-in-Lending Act.
The material provided in this table for informational purposes only and should not be construed as legal advice. Although the material is deemed to be accurate and reliable, we do not make any representations as to its accuracy or completeness and as a result, there is no guarantee it is not without errors.
Why Should You Care About the Statute of Limitations?
Every day, consumers pay off collection accounts and charge-offs they do not have to pay off because the statute of limitations has already expired for the open account. Consumers pay off these accounts because the accounts still appear on their credit reports.
This information can be a powerful weapon in unburdening yourself of old debts, as creditors have a limited time in which to sue you. Remember, the statute of limitations begins to run from the day the debt, or payment on an open-ended account, was due. Also, this has nothing to do with how long an negative credit item can remain on your credit report.
Consumers also pay off these accounts when they are not on their credit reports. Even though an account was removed from their credit file, a collector watched their credit report for any activity (actually the computer was watching any credit activity). When the collector spotted the activity, he called the consumer for payment. All the consumer needed to say to the collector was, “I have an absolute defense since the statute of limitations has expired.”
The statute of limitations does not cause your debt to go away after it expires. If the creditor files suit, the consumer has an absolute defense. The consumer must offer the new evidence to avoid a judgement. The evidence will consist of papers the consumer files to support his claim. If the creditor sues you, and you do not prove to the court that the statute of limitations expired, you will have a lost lawsuit and a judgment against you.
When Does the Statute of Limitations Start?
You might be asking yourself, “It has been such a long time since my account had any activity. When does the clock start ticking?”
There are various opinions as to when the statute of limitations starts:
The first time you fail to make a payment on your account.
The credit card company sends you a demand letter for the full amount.
Any can be true, depending on the credit card agreement and here is why.
The length of the statute varies from state to state and depends on the type of agreement, i.e. oral, written, etc. The one aspect of a statute of limitations that is pretty constant throughout all of US states’ laws is when it begins to run.
A statute of limitations, or limitations of action statute, begins to run when a cause of action accrues. That means, the statute begins to run when you have done something contrary to the terms of your agreement for which you can be sued. Most of the time, that “something” is failure to pay your bill. When you don’t make your payment on time, you have violated the terms of your agreement and you have given the creditor a cause of action.
Some credit agreements include an acceleration clause which must be invoked before a creditor has a cause of action. The acceleration clause could be activated by the creditor sending you a demand for payment in full by a certain date. In these instances, you must fail to pay the creditor after it has invoked the acceleration clause before the creditor has a cause of action, and the statute of limitations starts to run. You need to become familiar with the terms and conditions of your specific agreement to know for sure which event triggers a cause of action and thus, begins the running of the statute of limitations.
In any case, if the creditor fails to sue you in the time allowed by the applicable statute of limitations, you have an affirmative defense against the creditor’s claim which can serve as a bar to recovery of the delinquent debt.
Calculating When the Statute of Limitations Has Expired
If you need to find out when the statute of limitations on a debt has expired, do the following:
Take the date cause of action begins (date of last payment or demand letter):
Add the number of years of the statute of limitations in your state.
For Example:
You last stopped paying on a credit card on January 15, 2011. The company sent you a demand letter for the full amount on July 15, 2011. The statute of limitations for credit cards (usually regarded as open accounts) in your state is 6 years.
The date at which you are “safe” from having a creditor sue you over this debt is:
No Acceleration Clause: January 15, 2011 + 6 years = January 15, 2017 Acceleration Clause: July 15, 2011 + 6 years = July 15, 2017
Does a Partial Payment Restart the SOL?
Depending on what state you live in, if you make a partial payment, you could be postponing the statute of limitations’ taking effect on your collection account or charge-off. A collector might call you one day and say you waived your rights when you made a deal with the collection agency. Do not take anything a collector tells you for granted. Make them prove it to you, in or out of court. For about half the population, the statute of limitations started ticking the day they made the last payment for their account.
Some states have laws which specify that a partial payment does not restart the clock on the SOL, unless there is a new written promise to pay. What that means is that you actually write out a new agreement with the original creditor and/or collection agency.
Please review the exact state statutes and the fine print associated with them before relying on this website’s info. Your situation may not apply.
Even though a debt is an absolute promise to pay, if the statute of limitations expiring is in force and the creditor tries to force you to pay the debt, you have the right not to fulfill the promise (debt).
At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise in the field of negotiating and settling debt for pennies on the dollar. We employ market knowledge, extensive litigation experience, contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in debt settlement and oral and written contracts as well as negotiating them when they don’t go as planned, is what sets us apart.
With prompt intervention to resolve disputes amicably, without the need to litigate, we are here to get debt settled, without the necessity of filing for bankruptcy
With more than 16 years experience, attorney Jacqueline Salcines has been practicing law with the need of her clients first. Upon calling the firm you get the feel of how the client is our first priority. We are here to help you with your purchase or sale and do so with hands-on legal experience.
Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15 years. She brings her knowledge and experience to every real estate transaction. Let us go to work for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-05-12 18:54:472022-12-20 13:59:08ELIMINATE CREDIT CARD DEBT. ARE YOU BEING HARRASSED BY DEBT COLLECTORS?
PROTECTING YOUR INTERESTS IN A REAL ESTATE TRANSACTION
Property values and real estate sales in South Florida and across almost all parts of the country are thriving. However, with so few properties on the market, buyers are scrambling to still find deals, while sellers want the most bang for their buck. Negotiating savvy deals has become a crucial part of the real estate transaction more than ever. And getting a Contract for Sale and Purchase is only the beginning of the equation.
Financing often falls through. Negotiations can reach an impasse. Appraisals and inspections may not come out as anticipated and expected. And the business deal may just not turn out as planned.
At the Law Offices of Jacqueline A. Salcines, P.A., our lead attorney brings extensive knowledge and expertise in the field of negotiating contract and disputes. We are here to help iron out issues and move the transaction from conflict to the closing table. We employ market knowledge, extensive litigation experience, contract and statutory knowledge, and take proactive and calculated measures to protect our clients. Our knowhow in drafting contracts as well as negotiating them when they don’t go as planned, is what sets us apart.
With prompt intervention to resolve disputes amicably, without the need to litigate, we are here to get sellers and buyers to the result anticipated when signing the contract.
We bring our 15 years of experience in the following areas:
Commercial and Residential Real Estate Closings
Home Refinance and Loan Settlement Services
Condominium Purchases and Sales
REO Purchases
FIRPTA Implications at Closing
1031 Tax-Deferred Exchanges
Drafting and Negotiating Purchase Contracts
Short Sales and Foreclosure Defense
Lease Agreement
Removal of Tenants for Closings
For more than 15 years, Jacqueline Salcines has been practicing law with the need of her clients first. Upon calling the firm you get the feel of how the client is our first priority. We are here to help you with your purchase or sale and do so with hands-on legal experience.
Jacqueline Salcines, Esq. has been an accountant for over 20 years and an attorney for over 15 years. She brings her knowledge and experience to every real estate transaction. Let us go to work for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
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THE FOREIGN INVESTMENT IN REAL PROPERTY ACT (FIRPTA)
15% WITHHOLDING SINCE FEBRUARY 16, 2016
FIRPTA, which stands for the Foreign Investment in Real Property Act was enacted in 1980 to ensure that foreigners, who are not required to pay income taxes or file income tax returns in the United States, paid their income taxes upon selling real property in the U.S.
Big changes occurred in 2016 under the FIRPTA law. Effective February 16, 2016, the withholding increased from 10% to 15%. That is a huge difference especially for property sales occurring in the early party of the year. Sellers in 2016 will need to wait until 2017 to file their taxes and presumably obtain their FIRPTA refunds.
Although you can apply for early discounts, they are rarely approved. Once FIRPTA has been withheld, then it will likely stay withheld until such time as the foreign seller files their income taxes.
There are some exemptions to FIRPTA withholding including:
The amount realized does not exceed $300,000.00 and the buyer will the an owner occupant. This requires a specific affidavit regarding owner occupancy.
Seller applies for a withholding certificate with the IRS using form 8288-B. This can take longer than 90 days however and therefore it is necessary to plan ahead so it does not stall your closing.
There is also a distinction as of February 16, 2016:
If the property sells for $300,001 to $1 million, and it will be owner occupied, then the FIRPTA rate is 10%.
If not owner occupied, then 15%
For properties selling over $1 million, the FIRPTA rate is 15% whether or not the buyer will occupy the property
Attorney Jacqueline A. Salcines, Esq. is both a real estate lawyer and accountant with extensive experience representing buyers and sellers in their real estate property needs in Florida. As an attorney, accountant and title agent for Old Republic National Title Insurance, Inc., we provide a complete array of closing services. Consult with attorney Jacqueline Salcines, PA today with regard to:
Review of Contract for Sale and Purchase
Review of Contract Addendums
Review of Condominium Riders
Title search and examination
Lien letters
Incorporation for purchase
Quit Claim Deeds
Tax implications on purchase
Survey requests
Estoppel requests
Lien negotiation
IRS/Federal tax lien on property negotiations
Seller docs
Preparation of Purchase Money Mortgages and Notes
Meet with our real estate attorney today and put us to work for you. The first consultation is always free of charge. Or email attorney Jacqueline Salcines directly your real estate question at J.Salcines@salcineslaw.com
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The most important and first decision to make when considering purchasing real estate in the United States is to hire a real estate attorney. This one decision will determine whether the final result is a smooth and successful closing or not.
A real estate lawyer in the United States and Florida handles many aspects of the transaction for the foreign buyer. From preparing and overseeing the Contract for Sale and Purchase, to examining title and attending the closing, a foreign buyer should not go it alone. With so many properties still in foreclosure, the real estate market can be daunting. A property’s title can be filled with many claims that the potential foreign buyer is not aware of. Only by preparing a full examination of the title and title insurance, is the foreign buyer protected. Below are the steps for a real estate transaction in the United States:
Offer. The buyer prepares an offer to submit to the seller for consideration. This offer will take many different issues and terms into consideration including how much to give down, whether there will be a financing contingency, AS-IS, whether buyer is assuming repairs, whether buyer has right to inspect, whether there is a condominium association that requires approval. The real estate lawyer prepares the offer and makes sure all terms protect the buyer.
Earnest Deposit. Once the offer is signed and a binding contract created, the deposit is due. The real estate lawyer will hold the deposit in escrow or trust for the protection of the buyer.
Inspections. Inspections are usually performed and due within 10 days of the date of signing and must be done timely. We assist to make sure the buyer not only meets deadlines, but review the inspection report. If there is any item in the inspection report that requires fixing or a monetary credit from seller, this is taken care of too by us.
Loan Application. This is also done once the contract is finalized. That means, the buyer must go to a lender and apply for financing. The lender will require an appraisal and will supply a Good Faith Estimate of closing costs. We are in constant contact with the lender from the beginning in order to assure that you are being charged a correct amount, the interest rate is fair and the appraisal is reviewed. Buyer will need to sign certain disclosures and other bank documents, which flow through us first for review and clarification. The borrower buyer is never alone in the transaction.
Deadlines. There are important deadlines throughout the real estate Contract. Deadlines for financing, inspections, due diligence and loan commitments just to name a few. We are on top of all the deadlines for the buyer to make sure that the deposit is never placed in jeopardy of losing.
Home Owner Association/Condominium Association: We request an estoppel to make sure that there are no amounts due that need to be collected at closing from seller. We also verify any violations by the board as well as approval of the buyer.
Title Examination. We review the title and issue a title insurance commitment so that the buyer is protected in their purchase against all claims on title to the property.
Survey. If a property that is single family, or other stand alone, we will order a survey and review for any and all easements, encroachments, etc that could affect buyer.
Lien Search. We order a lien search to verify there are no code violations, open permits, or other county liens or violations that could affect the buyers title after closing.
HUD-1 Settlement Statement: As we get closer to closing, the lender will send us their figures and we plug in all numbers to prepare a HUD for the buyer. This will be the amount that needs to be brought to closing.
Seller Docs. We can also prepare the Warranty Deed, Bill of Sale and all documents for the seller to sign at closing to finalize the transfer of the property to the buyer.
Aside from those services listed, we also offer other services to the buyer including:
Incorporation of an LLC, S Corp or C Corp to use as the name on the title
FEIN numbers
Power of Attorney preparation
Quit Claim Deed
Negotiation and settlement of liens and judgments for the seller
Preparation of residential and commercial leases
At the Law Offices of Jacqueline Salcines, P.A. we represent borrowers and homeowners with all of their real estate and mortgage needs. From initial applications and searching for programs for their mortgage needs, to working closely with the borrower and lender to obtain the full amount required, we are there every step of the way. Attorney Jacqueline Salcines, Esq. personally handles all her own closings and is at the closing table with you, the borrower, to explain all documents requiring signature. This includes signing of the mortgage, promissory note, truth in lending and all disclosures.
For a free consultation with a real estate lawyer in Miami-Dade or Broward County, please contact our law firm at 305-669-5280
Or email attorney Jacqueline Salcines directly your real estate question at J.Salcines@salcineslaw.com
https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.png00jaspa1https://jaspa1.wpengine.com/wp-content/uploads/2018/07/logo_final_dark1.pngjaspa12016-05-02 18:35:082022-12-20 13:59:08PURCHASING OR INVESTING IN FLORIDA REAL ESTATE – WHAT YOU SHOULD KNOW
Anyone who rents a dwelling in Florida is covered under Florida Statutes Chapter 83. In addition to any responsibilities given to the tenant under the written lease, the tenant has additional responsibilities under the law:
TENANT OBLIGATIONS
To ensure that you do nothing that causes the landlord to be in violation of any building housing or health code
To keep the premises clean and sanitary.
To operate all electrical, plumbing, hearing, air conditioning and other appliances in a reasonable manner.
Not to destroy or remove any of landlord’s property.
To conduct yourself and those that visit you so that you do not disturb others and,
To allow the landlord entrance for inspection or emergency.
LANDLORD OBLIGATIONS
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
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