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
SOUTH FLORIDA REAL ESTATE LAWYER AND REAL ESTATE LAW FIRM
Florida Real Estate Law Firm Providing Free Consultation
Are you in the market to purchase Florida real estate?
Have you received a Listing Agreement from a Realtor and want assistance reviewing it?
Are you a seller, and have received an offer on real estate you are selling?
Did you sign an As Is Real Estate Contract for Sale and Purchase and now need help reviewing it and making sure you are in compliance and meet all deadlines?
Do you need an attorney owned title company to handle your real estate closing?
At the Law Offices of Jacqueline A. Salcines, PA we are here to help.
We offer free phone consultations, free real estate contract reviews and no cost reviews of Listing Agreements.
Call us today. 305.669.5280
See why our business is built on referrals and for over 17 years, clients keep coming back and referring their family and friends.
At The Law Offices of Jacqueline A. Salcines, we offer Real Estate Representation You Can Trust.
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 as a real estate lawyer, including holding a dual degree in Accounting, her broad knowledge of real estate law 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
Florida Real Estate Law Firm Provides Guidance During Closing
Many participants in Florida residential real estate transactions fail to understand the closing process, but an experienced real estate attorney will help the process run efficiently, smoothly, and successfully.
Closing a Florida Residential Real Estate Transaction
After a purchase and sales contract is signed by the buyer and seller, the initial escrow deposit is made by the buyer, and a title search is requested and completed, a Florida real estate attorney will prepare all the documents necessary to close the transaction. These documents typically include:
Deed
Bill of sale
Affidavits
FIRPTA certificate (for foreign sellers)
Closing statement, including instructions
Once the title has been cleared and the necessary documents prepared, a date and time to close the transaction will be scheduled. At the closing, a attorney will oversee all aspects of the closing and answer any questions either party may have relating to the transaction or any of the closing documents.
The seller will sign the deed and the other seller documents, and the buyer will sign the buyer’s documents and the loan documents (if the transaction is being financed), and both parties will be required to sign the HUD-1 settlement statement. After the closing is complete, the seller, real estate agents, and other parties to the transaction are paid, and certain documents are sent to be recorded in the Florida county in which the property is located.
Real Estate Representation You Can Trust
Don’t attempt to close on a residential real estate purchase or sale without experienced legal representation. Florida Attorney Jacqueline Salcines provides sound legal advice in all real estate matters, including closing and title examination. Contact our firm online or call (305) 669-5280 to schedule your free initial consultation today.
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 as a real estate lawyer, including holding a dual degree in Accounting, her broad knowledge of real estate law serves to aggressively protect and defend our firm’s clients.
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
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Serving clients with Residential, Commercial, and Investment Real Estate Transactions
If you are among the many individuals who has considered acquiring additional commercial or residential properties either to expand your business or generate additional revenue, it is important to understand what goes into this process thoroughly. Real estate acquisitions have several legal procedures that must be followed through carefully, and can require an attorney to ensure that you and the party you are purchasing from both benefit.
Real Estate Transaction Services
Purchase and Sale Contract Negotiation and Review
Real Estate Closings
Commercial Real Estate Acquisition, Development
Real Estate Litigation
Foreign Investor Services
Distressed Property Acquisition and Sales
Title Search and Issue Resolution
Short Sales
The risks of not having an experienced Real Estate Attorney at your side
There are some individuals who feel that an acquisition, or the obtaining (purchasing) of another property, can be done without attorneys, and while there is no mandate that requires one, these individuals often overlook certain legalities that can cost them greatly. With an experienced real estate attorney you can be sure that these processes are completed as quickly and smoothly as possible.
Government Oversight and Regulations in Real Estate Transactions
Because there are several government agencies that monitor acquisitions, it is in the best interest of any party involved in an acquisition of a property or company, to obtain the services of an experienced attorney. You need to know that there is someone who wants to help look out for your best interests and protect you from making a costly mistake.
Contact us today and allow our knowledge and experience to go to work for you. The first consultation is always free of charge.
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 as a real estate lawyer, including holding a dual degree in Accounting, her broad knowledge of real estate law serves to aggressively protect and defend our firm’s clients.
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
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Often times, when acquiring title to real estate property by virtue of a Homeowners Association foreclosure or a bank foreclosure, the new title holder is slapped with a bill from the condominium association or homeowners association, wanting to charge them for amounts due, including attorneys fees and costs, relating to the prior owner. Florida has a “safe harbor” law, or a law that protects the title holder from being slapped with these exasperating amounts. The Florida Safe Harbor law is Florida Statutes §718.116 and states, in pertinent part, as follows:
718.116 Assessments; liability; lien and priority; interest; collection.—
(1)(a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Additionally, a unit owner is jointly and severally liable with the previous owner for all unpaid assessments that came due up to the time of transfer of title. This liability is without prejudice to any right the owner may have to recover from the previous owner the amounts paid by the owner.
(b)1. The liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee’s acquisition of title is limited to the lesser of:
a. The unit’s unpaid common expenses and regular periodic assessments which accrued or came due during the 12 months immediately preceding the acquisition of title and for which payment in full has not been received by the association; or
b. One percent of the original mortgage debt. The provisions of this paragraph apply only if the first mortgagee joined the association as a defendant in the foreclosure action. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location which was known to or reasonably discoverable by the mortgagee.
(c) The person acquiring title shall pay the amount owed to the association within 30 days after transfer of title. Failure to pay the full amount when due shall entitle the association to record a claim of lien against the parcel and proceed in the same manner as provided in this section for the collection of unpaid assessments.
(e) Notwithstanding the provisions of paragraph (b), a first mortgagee or its successor or assignees who acquire title to a condominium unit as a result of the foreclosure of the mortgage or by deed in lieu of foreclosure of the mortgage shall be exempt from liability for all unpaid assessments attributable to the parcel or chargeable to the previous owner which came due prior to acquisition of title if the first
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 Litigation Group. With over 17 years experience as a real estate lawyer, including holding a dual degree in Accounting, her broad knowledge of real estate law serves to aggressively protect and defend our firm’s clients.
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
FORECLOSURE LAW: Debtor lost the right to defend the mortgage foreclosure action pending in state court, when it agreed to surrender the property in the bankruptcy and was required to surrender the property to the trustee and to the mortgage lender. Failla v. Citibank, N.A., Case No. 15-15626 (11th Cir. Oct. 4, 2016) (affirmed).
FORECLOSURE AND CONDO ASSESSMENTS (SAFE HARBOR LIMITATION): The mortgage lender, who recovered the property via the foreclosure sale, is entitled to the safe harbor limitation of liability for condominium assessments as applicable to first mortgagees under Fla. Stat. 718.116. Brittany’s Place Condominium Association, Inc. v. U.S. Bank, N.A.,Case No. 2D15-3444 (Fla. 2d DCA Oct. 5, 2016).
FORECLOSURE DEFAULT NOTICE: Final Summary Judgment of Foreclosure reversed where Plaintiff failed to address, in its motion for summary judgment, or at the hearing on the motion, defendant’s affirmative defense that default notice did not comply with Paragraph 22 (acceleration clause). Young v. Nationstar Mortgage, LLC, No. 2D15-1023 (Fla 2d DCA September 28, 2016) (reversed and remanded).
FORECLOSURE LAW STATUTE OF LIMITATIONS: The trial court erred in dismissing amended complaint as barred by the Florida statute of limitations where claims asserted in amended complaint arose from same “conduct, transaction, or occurrence” as initial timely complaint. Anderson v. Epstein, et al., No. 3D15-1050 (Fla. 3d DCA September 28, 2016 (dismissed in part, reversed in part and remanded).
FORECLOSURE/STANDING: Plaintiff failed to establish its own standing to foreclose as substituted plaintiff, as well as standing of original plaintiff, because (1) there was no evidence as to when indorsement was placed on note or to whom note was payable at commencement at suit, (2) testimony regarding when note was lost did not demonstrate that note was indorsed in blank to predecessor prior to suit being filed, and (3) insufficient evidence to prove a transfer of note from original lender to predecessor as a nonholder in possession with rights of a holder. Luiz v. Lynx Asset Servs., LLC No. 4D15-558 (Fla. 4th DCA Aug. 24, 2016) (reversed)
FORECLOSURE – BANKRUTPCY AUTOMATIC STAY: Final Judgment entered day after Defendant’s petition for bankruptcy was in effect, voided the judgment, even though trial court did not have the notice of stay filed. Citibank, N.A. as Trustee v. Unknown heirs, No. 1D15-2502 (Fla 1st DCA July 25, 2016) (reversed and remanded).
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 Litigation Group. With over 17 years experience as a real estate lawyer, including holding a dual degree in Accounting, her broad knowledge of real estate law serves to aggressively protect and defend our firm’s clients.
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
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Many property owners in Florida own property by virtue of a Will, a divorce, or death of another title holder. Or perhaps the property was passed down during the life of the prior owner or family member. This leaves you to own the property with someone else, who may or may not share the same interests or desires as you with regard to the property. For example, you may want to sell it and divide the proceeds, while the joint owner wants to rent it out.
When these types of matters, and the real property must be divided among owners, the action is called a Partition Action in Florida. A partition is the dividing up of real property among the legal owners. A partition action is a lawsuit against the other owner where the party bringing suit is asking the court or Judge to decide what to do with the property. In a partition action, the Plaintiff, or party bringing suit, can ask the court to either divide the property half and half among the owners, or order the sale of the real property, where the proceeds of the sale would be divided equally, with the person bringing suit recuperating their attorneys fees and costs from the other sides share.
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
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DUE DILIGENCE IN COMMERCIAL REAL ESTATE TRANSACTIONS
IN SOUTH FLORIDA
Almost all commercial transactions in Florida, whether selling commercial real estate, assets, or real estate with a company, carry with it a Due Diligence period. Due Diligence on Commercial Real Estate Transactions in Miami is the period of time the buyer, acting in conjunction with their real estate attorney, has to inspect the books and records of the selling company.
Both the Purchaser and the Seller hold certain responsibilities with regard to Due Diligence in Commercial Transactions.
BUYER DUE DILIGENCE
The Buyer’s Due Diligence may include the following:
Performance of Physical Inspections of real property;
Mold Inspections;
Appliance, Equipment and Machinery Equipment;
Review of Sellers books if sale of business is included;
If health or food industry, contacting DERM to make sure business or property have no violations that would pass to the new buyer;
Lien searches to check for any open liens, violations, code enforcement or building and zoning violations;
Title and zoning review to make sure no exception will preclude the buyer from obtaining clear title;
Reviewing of any Leases or Assignments of Leases;
Inspections of inventory;
Fire system inspections
Lead Based Paint concerns;
Asbestos concerns;
ADA Compliance for business
SELLER DUE DILIGENCE
Making sure all inspections are coordinated;
Making sure all company financial records are provided to buyer, including company records, tax returns, vendor list, client list and any maintenance and utility bills;
Seller should disclose whether there is any pending litigation;
Making sure any procedures agreed to in the contract are adhered to.
Rather then rushing into a commercial deal that involves due diligence, have a real estate attorney review your contract prior to signing. This will insure that you are protected in commercial real estate transactions.
At the Law Offices of Jacqueline A. Salcines, PA, we are keenly aware of the requirements for commercial real estate transactions and due diligence requirements and deadlines in these commercial real estate transactions. Don’t delay! It is imperative that you hire a real estate attorney before you sign any commercial real estate contract. Allow my team of attorneys and accountants to go to work for you, and advise you before you enter into the Commercial Contract.
About the Author:
Jacqueline A. Salcines, Esq is the Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Commercial Real Estate Law 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 due diligence protects and serves the clients we represent.
Call us today to set up an appointment to discuss your purchase or sale. We are here for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
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Holding title to a property with another person who does not share the same intentions or ideas for the property can lead to divergent interests and quarrels. Often, as a result of either inheritance (the death of a family member that leaves a property to several children or heirs), or holding title to property jointly as either siblings, friends or unmarried couples, title holder interests in the property may not be the same. Title holders may have different ideas about what to do with the property; in particular, how to use, improve, or dispose of it.
Perhaps one party wants to rent the property and respect the late title holders legacy. Perhaps the other title holder wants to sell it and make a profit. If the joint title holders can not reach an agreement, and efforts to negotiate or compromise are getting you nowhere, a Partition Action may be the answer.
A Partition action, which can be brought to divide the property into individual shares among the owners, allowing you to move forward with your share independently.
A partition, or division, of property can be arranged on a voluntary basis if all owners agree to it. However, if they don’t agree, a judge can order a partition of the property based on one owner’s request. If done gracefully and with agreement, it can result in a more efficient splitting of the property where all of the former owners are happier owning their own portion. Partition is a remedy that’s usually favored by courts, for the sake of maintaining peace between the parties.
Voluntary Partition vs. Judicial Partition
As Co-owners, you may work out an agreement between eachother and one can buy the other out. This is called a Voluntary Partition. That would require getting an appraisal and finding out the value of the property. And thereafter, the one party that wishes to maintain the property would get a loan or pay the other for their 50% share, via quit claim deed. An attorney can assist with the preparation of the deed, valuation of the property and negotiation.
If all owners don’t agree to the partition, one owner may file a lawsuit asking the courts to compel a partition. This is called a Judicial Partition.
Unlike a voluntary partition, a court-ordered partition usually results in the court ordering the sale of the property and the joint owners to divide the proceeds. If you are the one bringing the partition suit, you need to advise the court why you cant agree. If you are defending the partition suit, as the defendant, certain defenses such as the statutes of limitations and undue delay can be raised to forbid or stop the Partition. Similarly, the court will decide the case based on various factors like rights, titles, and the interests of the parties to the suit.
At the Law Offices of Jacqueline A. Salcines, P.A., our lead real estate attorney brings over 16 years experience in the real estate field as well as 20 in the accounting field. Ms. Salcines is available by email to answer all your questions and concerns, without ever charging a consultation fee.
Call us today to set up an appointment to discuss your purchase or sale. We are here for you!
Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com
When a person pays rent to live in a house, apartment, condominium or mobile home, the renter becomes a tenant governed by Florida law. It doesn’t matter whether payment is made weekly, monthly or at other regular periods. Also, it doesn’t matter whether the apartment, house, condominium or mobile home is rented from a private person, a corporation or most governmental units. These facts are true even when there is no written “lease” agreement.
A tenant has certain rights and responsibilities under Florida law. These are specified in the Florida Statutes at Part II, Chapter 83, the Florida Residential Landlord Tenant Act. A tenant in federally subsidized rental housing has rights under federal law, as well. If there is no written lease, these laws regulate the tenant’s rights. There may also be a written lease that could affect a tenant’s rights. If there is a written lease, it should be carefully reviewed. The Florida Residential Landlord Tenant Act prevails over what the lease says.
A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant’s to lawfully use. The landlord may enter the dwelling only in order to inspect the premises or to make necessary or agreed repairs, but then only if he or she first gives the tenant reasonable notice and comes at a convenient time. If an emergency exists, the requirement for notice may be shortened or waived.
The landlord is required to rent a dwelling that is fit to be lived in. It must have working plumbing, hot water and heating, be structurally sound and have reasonable security, including working and locking doors and windows, and it must be free of pests. The landlord must also comply with local health, building and safety codes. If the landlord has to make repairs to make the dwelling fit to live in, the landlord must pay.
If the landlord claims the tenant has violated the rental agreement, he or she must inform the tenant in writing of the specific problem and give the tenant time to correct the problem– even if the problem is nonpayment of rent –before the landlord can go to court to have the tenant removed. Tenants receiving a nonpayment-of-rent notice should be aware that a landlord may accept part of the rent owed and still evict the tenant. Tenants renting condominiums should be aware that, in certain circumstances, the condominium association may demand that the tenant pay his or her rent to the association instead of the landlord. Tenants should consult an attorney in this case. If the tenant commits a serious act endangering the property (such as committing a crime on the premises) or fails to correct a problem after written notice from the landlord, the landlord still must go to court to be permitted to evict the tenant. In any court proceeding, the tenant has the absolute right to be present, argue his or her case and be represented by an attorney.
If the landlord requires the tenant to pay a security deposit, the landlord must preserve the deposit during the tenancy. In addition, the landlord must return the full amount of the deposit within 15 days after the tenant leaves the dwelling or give the tenant written notice of why some or all of it won’t be returned within 30 days after the tenant leaves the dwelling. The tenant then has the right to object in writing within 15 days of receipt of the notice. Under some circumstances, the tenant may receive the security deposit plus interest. Before moving out, the tenant must provide the landlord with an address for receipt of the security deposit, or else the tenant may lose the right to object if the landlord claims the right to keep the deposit money.
The tenant has the right, under certain very aggravated circumstances caused by the landlord’s neglect, to withhold rent. This can be done only when the landlord fails to comply with an important responsibility, such as providing a safe and habitable home in compliance with local housing codes. Before rent is withheld, the tenant must give the landlord seven days’ written notice of the problem so the landlord can fix it. Even after withholding rent, the tenant should save the money and seek court permission to spend part of it to do what the landlord should have done. If the tenant does not preserve the money and seek court assistance, the tenant may be evicted for nonpayment.
Finally, the tenant has the right to move out. If there is a written lease, the tenant should read the lease closely to see if he or she must give up to 60 days’ notice that the tenant does not intend to stay after the lease ends. If there is no written lease, the tenant may move out for no reason by giving written notice of his or her intent to leave no less than seven days before the next rent payment is due, if the rent is paid weekly, or 15 days, if the rent is paid monthly. The tenant may terminate the rental agreement if the landlord has failed to live up to a major obligation, provided the tenant has sent written notice to the landlord seven days before the rent is due (there are some exceptions to the right to move out).
A tenant also has responsibilities that, if not observed, can lead to eviction. The tenant must pay the agreed-upon rent and do so on time. The tenant must comply with building, housing and health codes. The tenant must maintain the dwelling without damage, other than ordinary wear and tear, keep the dwelling clean and maintain the plumbing. The tenant must not violate the law or disturb the peace, nor allow guests to do so.
In trying to evict a tenant, a landlord will try to prove the tenant violated a tenant responsibility. However, the landlord may not seek to evict a tenant in retaliation for legitimate complaints about housing conditions to proper authorities. No eviction can occur until the landlord first gives the tenant notice of the problem, and then gets a court order. Without the court order, the landlord has no power to interfere with the tenant. The landlord cannot, for instance, lock a tenant out or cut off a tenant’s utilities. A landlord engaging in this type of prohibited practice may be liable to the tenant for damages in the amount of three months’ rent or actual damages, whichever is higher. The landlord must get a court order of eviction before interfering with the tenant’s occupancy.
If a tenant is served with papers seeking eviction, the tenant should immediately seek legal assistance. The tenant may have legal defenses. For instance, the landlord cannot try to get even with a tenant through eviction when the tenant has not violated tenant responsibilities. To raise defenses in an eviction proceeding, a tenant normally must pay into the court registry past due rent if any is owed and rent that comes due during the proceeding. A tenant who disputes the amount of rent claimed to be due may ask the court to determine the correct amount, but the tenant must show why the amount is wrong. In an eviction proceeding, a tenant has very little time to respond, so quick action is important.
The landlord can never remove the tenant’s property or lock the tenant out. Only the sheriff’s office may do this, after a Court Order and Writ of Possession.
RIGHTS AND DUTIES OF LANDLORDS
If you rent a house, apartment, condominium or mobile home to another person, you enter into a legal contract known as a rental agreement. This rental agreement need not be in writing. If the rental agreement is in writing, it is a “lease.” This agreement has certain basic conditions specified by law, and you should understand them before you enter into the agreement. As a landlord, you have certain rights; you also have certain duties. Even in the absence of a written lease, the law imposes duties and gives rights to the parties.
Your obvious right as a landlord is to receive rent for the use of the property.
Another important right is to have your property returned to you undamaged at the end of the agreement. It should be returned in the same condition in which it was received, except for ordinary wear and tear.
In return for these rights, it is your duty to provide a home that is safe and meets housing code requirements, and to make reasonable repairs when necessary. The obligations can be limited sometimes under the lease. It is also your duty to respect the tenant’s rights. One of the most important of these is the right of peaceful possession. By renting to the tenant, you give that tenant the possession and use of your property free from interference. That means that you may not enter the home frequently, at odd hours or without notice. Rights relating to reasonable inspection are often set forth in a written rental agreement, as well as in Florida law. You have a right to protect your property through inspection, but you must give a reasonable notice of at least 12 hours. You don’t have the right to show the property to possible buyers without notice to and agreement of the tenants.
It is unlawful for a landlord to increase a tenant’s rent or decrease services to a tenant in a discriminatory manner, or threaten to bring an action for possession or other civil action primarily in retaliation against the tenant. Retaliation may be presumed if it occurs after a tenant has complained about housing conditions. It is also unlawful for a landlord to lock the tenant out, intercept or shut off utilities, water or electric services to the tenant, or remove tenant’s property, doors or appliances from the home. A landlord who does this can be ordered to pay a tenant damages in the amount of three months’ rent, or actual damages, whichever is greater.
To end the tenancy, if the unit has no written rental agreement or if the lease does not state otherwise and is rented on a month-to-month basis, you must give at least 15 days’ notice in writing before the end of any monthly period; a week-to-week rental period requires seven days’ notice before the end of any weekly period. Any such notice must be in writing and should be delivered personally to the tenant, but it may be posted at the door if tenant is absent from the premises. If the written rental agreement requires that the tenant give notice of up to 60 days before leaving the unit, the landlord is required to give the tenant the same notice period that there is no intention to renew the lease. Tenants renting a foreclosed home that is sold to a new owner must receive at least 30 days’ written notice to vacate the residence after the certificate of title has issued in the foreclosure.
Finally, both the landlord and the tenant have the duty to observe state and local laws concerning the use and condition of the property.
The basic rights and duties mentioned here apply whether or not the agreement between the landlord and the tenant is in writing. A written agreement is best because it serves as a memorandum of other terms and conditions such as restrictions on the number of adults or children or types of pets to be allowed. And if you wish to provide for lease terms of one year or more, the agreement must be in writing to be enforceable.
If the tenant permanently moves out before the end of the rental term and leaves your property vacant, this usually is considered to be an abandonment of the tenant’s rights. The law presumes an abandonment if the tenant is absent for at least 15 days without previously notifying you of an intent to be absent. After abandonment, you may then re-enter the dwelling unit. The rights and remedies often are complex, and you should consider legal advice or assistance.
The situation is more complicated if the tenant seems to have gone away but has left some personal property on the premises or there is a considerable amount of unpaid rent. In such a case, you should consult an attorney before trying to dispose of the tenant’s possessions or re-renting the property.
Another complicated problem occurs when a tenant fails to pay the rent or refuses to move out at the end of the rental term. Under these circumstances you may evict the tenant, but only after you have taken the proper legal steps to commence an action for possession according to a very specific timetable. You must serve proper notice or notices on the tenant to terminate this rental agreement. If the tenant ignores these notices, you are next required to file a complaint in court and have the tenant properly served with a summons and complaint. Five business days after the complaint is served, you may request the court to set a date for a hearing. However, if the tenant fails to answer the complaint within the five business days or fails to pay the rent that is due then, you can proceed to eviction without having a hearing first, though you must get a court order before evicting the tenant.
If the tenant disputes the amount of rent that is due, the rent does not have to be deposited at the court and a hearing must be held. If you wish to collect money damages from the tenant, you must wait 20 days to set a hearing on damages. At the hearing, you can ask that the tenant be evicted. If the judge agrees that the tenant has violated the terms of the agreement, a sheriff will serve an eviction notice on the tenant. The tenant now has 24 hours to get out of your property, or the sheriff can return to remove the tenant and supervise the removal of the tenant’s belongings. Because these proceedings are so technical, it is wise to have them handled by an attorney. Even if you decide to file the claim yourself in county court, you should have an attorney review the notices you have given and the ways you have served them to make sure you have properly observed all of the necessary requirements of the timetable. A single mistake can result in serious delay in your regaining possession of the property.
Because the landlord/tenant relationship is a legal contract, you should understand its various provisions before you rent your property to anyone. Remember that, as a landlord, you will be required to provide living quarters that are safe and keep them in good repair. Your obligations for repairs can sometimes be limited under the lease. You will have to turn over possession of the property to the tenant, free from unnecessary interference from you. In return, you may collect rent and, on reasonable notice or in cases of emergency, may inspect the property. At the end of the rental term, the property must be returned to you with no damage beyond ordinary wear and tear. The landlord has certain duties to account for or refund tenant deposits upon termination of the tenancy. Many of these basic conditions apply whether or not there is a written agreement.
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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