SOUTH FLORIDA MORTGAGE ATTORNEYS

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

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

DIRECT EMAIL: J.SALCINES@SALCINESLAW.COM

SOUTH FLORIDA DEBT SETTLEMENT ATTORNEYS

PROTECTING YOUR INTERESTS WITH CREDITORS

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

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

DIRECT EMAIL: J.SALCINES@SALCINESLAW.COM

SOUTH FLORIDA DEBT SETTLEMENT ATTORNEYS

PROTECTING YOUR INTERESTS WITH CREDITORS

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.

 

State Oral Written Promissory Open-ended Accounts State Statute: Open Accounts
AL 6 6 6 3 §6.2.37
AR 5 5 5 3 §4-3-118
AK 6 6 3 3 §09.10.053
AZ 3 6 6 3 HB 2412
CA 2 4 4 4 §337
CO 6 6 6 3 §13-80-103.5
CT 3 6 6 6 Ch. 926 Sec. 52-576
DE 3 3 3 4 Title 10 Sec.8106
DC 3 3 3 3 §12-301
FL 4 5 5 4 §95.11
GA 4 6 6 4 §9-3-25
HI 6 6 6 6 HRS 657-1(4)
IA 5 10 5 5 §614.1.5
ID 4 5 5 4 §5-216
IL 5 10 10 5 or 10 735 ILCS 5/13-206
IN 6 10 10 6 §34-11-2-9
KS 3 5 5 3 §60-512
KY 5 15 15 5 §413.120 & 413.090
LA 10 10 10 3 §2-3494-4
ME 6 6 6 6 §14-205-752
MD 3 3 6 3 §5-101
MA 6 6 6 6 §260-2
MI 6 6 6 6 §600.5807.8
MN 6 6 6 6 §541.05
MO 5 10 10 5 §516.120
MS 3 3 3 3 §15-1-29
MT 3 8 8 5 22-2-207
NC 3 3 5 4 §1-52.1
ND 6 6 6 6 28-01-16
NE 4 5 5 4 §25-206
NH 3 3 6 3 382-A:3-118
NJ 6 6 6 6 2A:14-1
NM 4 6 6 4 §37-1-4
NV 4 6 3 4 NRS 11.190
NY 6 6 6 6 §2-213
OH 6 15 15 6 §2305.07
OK 3 5 5 3 §12-95A(1), (2)
OR 6 6 6 6 §12.08
PA 4 6 4 6 42 Pa. C.S.5525(a)
RI 10 10 6 4 §6A-2-725
SC 3 3 3 3 SEC 15-3-530
SD 6 6 6 6 15-2-13
TN 6 4 6 6 28-3-109
TX 4 4 4 4 §16.004
UT 4 6 6 4 78-12-25
VA 3 6 6 3 8.01-246
VT 6 6 5 4 §9A-3-118
WA 3 6 6 3 4.16.040
WI 6 6 10 6 893.43
WV 5 15 6 4 §55-2-6
WY 8 10 10 8 §1-3-105

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:

  1. Take the date cause of action begins (date of last payment or demand letter):
  2. 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

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

DIRECT EMAIL: J.SALCINES@SALCINESLAW.COM

SOUTH FLORIDA REAL ESTATE ATTORNEYS

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

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

DIRECT EMAIL: J.SALCINES@SALCINESLAW.COM

 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

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GANBLES, FLORIDA
TELEPHONE:  (305) 669 5280
DIRECT EMAIL:  J.SALCINES@SALCINESLAW.COM

FLORIDA REAL ESTATE ATTORNEYS

South Florida Real Estate Lawyers

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:

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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.
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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

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.  In addition to any responsibilities given to the tenant under the written lease, the tenant has additional responsibilities under the law:

TENANT OBLIGATIONS

  1. To ensure that you do nothing that causes the landlord to be in violation of any building  housing or health code
  2. To keep the premises clean and sanitary.
  3. To operate all electrical, plumbing, hearing, air conditioning and other appliances in a reasonable manner.
  4. Not to destroy or remove any of landlord’s property.
  5. To conduct yourself and those that visit you so that you do not disturb others and,
  6. To allow the landlord entrance for inspection or emergency.

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

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

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 lawTenants in Florida often take the law into their own hands and think that by withholding rent they are going to get their landlord’s attention. While they do get the landlord’s attention, it often results in their getting a 3-Day notice of eviction.  For many tenants, unfamiliarity with Florida Statutes Chapter 83 places their possession of the home in jeopardy.

Tenants should be aware of 5 common mistakes they make so as to avoid facing an unlawful eviction for trying to get a Landlord to comply:

  1. PUT IT IN WRITING.  A mere text or phone call to complain of a problem or issue is not enough. You must review the terms of the lease to see what type of notice requirements it calls for. If it requires notice to be sent to landlord in writing, then this must be followed in order to preserve your rights under the lease.
  2. DONT TAKE MATTERS INTO YOUR OWN HANDS.  If for example, the air conditioner breaks, you are not permitted to fix it on your own or move out temporarily and get a hotel room and stop paying rent. You must advise the landlord and allow them the necessary days to fix it. This may require sending over an expert repair man. So be patient in order to preserve your rights.
  3. GET IT IN WRITING.  Only what is written into a lease will control the terms and obligations of both the landlord and the tenant. So if you are about to move in and the landlord verbally tells you he will paint or replace the carpets, if it is not in writing, then he or she is not obligated.
  4. MOLD.  Mold is a huge issue in South Florida and many tenants think that just because they are ill or have allergies, the landlord is responsible.  This is not the case. You must have proof of the mold. You must have a mold inspection report and you must have medical treatment.
  5. YOU CAN VACATE THE PROPERTY AND NOT BE RESPONSIBLE FOR REMAINDER OF THE RENT ONCE YOU VACATE.  This is not the case. You are responsible, if you have a written lease and there are months remaining, for the balance of the rental term.  You may be sued for the remainder of the term. So be careful and get permission to move out and be off the hook in writing from the Landlord.

At the Law Offices of Jacqueline Salcines, PA, we are experienced real estate litigators, and very knowledgeable in landlord tenant law.  While hiring us to help with the Lease Agreement prior to taking possession is always the best advice, often we are brought in to help when the tenant has already stopped making payments.  As tenants, you have many rights that require protection. But Florida Chapter 83 is very strict and one misstep, or failure to communicate or cure a condition, could put you at risk

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
 

EXPERIENCED LANDLORD/TENANT ATTORNEY

JACQUELINE A. SALCINES, ESQ.

For many homeowners, renting their homes is a daunting task. Burned by prior tenants or merely new to the rental industry, and unaware of their Bankruptcyobligations or requirements as landlords, many homeowners face savvy nonpaying tenants.  At least once a week, I assist a Landlord with an nonpaying tenant who has decided to take the law into their own hands.

While hiring us to help with the Lease Agreement prior to the tenant taking possession is always the best advice, often we are brought in to help when the tenant has already stopped making payments.  As landlords, you have many rights that require protection. But Florida Chapter 83 is very strict and one misstep, or failure to communicate or cure a condition, could put you as a landlord in the hot seat.

Evictions are expensive and time consuming.  And often, tenants know the law better than the landlords from being evicted so often, and they know how to play the game to get the most time in the home, rent free.

If you are a landlord and require the services of a landlord tenant attorney, call us today.

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
 

Miami day,FloridaEXPERIENCED REAL ESTATE ATTORNEY

JACQUELINE A. SALCINES, ESQ.

HIRE THE SERVICES OF A KNOWLEDGEABLE REAL ESTATE ATTORNEY WHEN YOU ARE BUYING OR SELLING PROPERTY IN FLORIDA.

Whether you are buying or selling real estate in Miami, Florida, don’t go it alone.  South Florida homeowners are once again reaping the rewards of high property values and the decision to buy or sell is a big one.  Having a real estate attorney who is also an accountant and title agent in your corner can make all the difference.

Often I am called in the middle of a deal, because the contract or transaction has gone sour.  It is not easy to obtain favorable terms for a buyer or seller when the contract is already signed.

When you hire the Law Offices of Jacqueline A. Salcines, PA, we are with you from the time the contract is being drafted, to obtain the most favorable terms for you, our client, to the closing table.

We make sure that you and your deposits are protected as well as act as title agent, to make sure title is examined and clear.  To make sure there are no liens or open permits on the property and the closing is a smoothe one.

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines is not only a realtor, but holds a dual degree in both accounting and law and can provide both tax and legal advice.

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