FLORIDA LANDLORD TENANT LAW – RETURN OF SECURITY DEPOSIT

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
 
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FLORIDA PARTITION – DIVISION OF REAL PROPERTY

PARTITION LAWSUITS IN FLORIDA

ACTIONS TO DIVIDE REAL PROPERTY BETWEEN OWNERS

FLORIDA REAL ESTATE LAWYERS

When two more people own a single piece of property and they do not agree on how the property should be used, their disagreement is not just between them, but governed by Florida law.  Called partition actions, these are lawsuits filed by one title holder or property owner against the other, to have a judge decide as to how the property should be divided.

Because there is no way to literally cut the property in half, the Judge’s often either order the sale of the property, or order one party to keep it, while the other is bought out, or paid a price to walk away.

Partition actions are common between business owners, or between a widow or widower, who holds jointly with children of the late spouse who are not her or his own offspring.

Partition actions are a lawsuit and require often negotiation of difficult issues to resolve the matter amicably for all involved, as often they are family m members who merely can not see eye to eye as to what to do with an inherited piece of property.

While not all partition actions result in an equal division, for instance if one of the property owners spent money to improve the property, pay the mortgage, insurance, taxes or other amounts, the court may deem they require reimbursement or a larger percentage share.

Rather then rushing into a complex transaction such as this, have a real estate litigator review your options with you. Often times, when getting an experienced attorney involved,  the parties can resolve their differences out of court, avid costly litigation,  for the benefit of all involved.  This will insure that you are protected.

At the Law Offices of Jacqueline A. Salcines, PA, we are keenly aware of the requirements of partition actions and represent  numerous plaintiffs and defendants in these actions. Let our team go to work for you and protect your interests.

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 Litigation Group. With over 17 years experience as a real estate lawyer in the business of real estate, including holding a dual degree in Accounting, her broad knowledge of real estate law and partition actions protects and serves the clients we represent. 

Call us today to set up an appointment 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

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FLORIDA FORECLOSURE ALERT – BARTRAM CASE DECIDED

FLORIDA FORECLOSURE ATTORNEYS

FLORIDA REAL ESTATE LAWYERS

Finally, on November 3, 2016, the Bartram v. U.S. Bank, N.A. case was decided by the Florida Supreme Court.  The Bartram court decision was in favor of banks and against mortgage delinquent homeowners.   In Bartram, The Supreme Court ruled in favor of lenders in an almost unanimous decision about whether borrowers can stay in their homes.  The Bartram decision determined that mortgage lenders can file new foreclosures against borrowers who won their cases more than five years ago, if the borrower defaulted again within five years of the first case’s dismissal.  That is, if the case was dismissed on the merits, and the borrower has still not make a  payment, then the bank can foreclose again, even if five years has passed since that dismissal.

In the Bartram case, the homeowner argued that the banks were limited by the statute of limitations, which is five years.  The Supreme Court however, carved out an exception to the five year statute of limitations.  The Supreme Court ruled that if the borrower had not paid the mortgage in over five y ears, then the bank could still foreclose.

If you are a homeowner whose foreclosure was previously dismissed and the bank has not started a new foreclosure against you, or if your case is pending before the court, it is imperative that you speak to and hire an attorney to assist you.

This Bartram decision rules in favor of lenders, however, homeowners can still defend the foreclosures on numerous other grounds and if the intention is to save the home, find the manner to do so.

We are here to help.  At the Law Offices of Jacqueline A. Salcines, PA, attorney Jacqueline Salcines has been helping homeowners with their mortgage needs since 1999, and since the mortgage crisis happened in 2009, has handled over 5,000 short sales and loan modifications.  Attorney Salcines holds a dual degree in Law and Accounting, and is extremely knowledgeable in deciphering mortgage documents, assignments, mortgages, and defending foreclosures, as well as loan modifications, deeds in lieu and short sales.

Allow our experience to go to work for you.

Call us today.   305.669.5280 Or visit us as  http://WWW.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

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