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RIGHT TO INSPECT AND RIGHT TO ENTER – LANDLORD AND TENANT LAW

REAL ESTATE LAWYER – LANDLORD TENANT LAW

Florida Statutes provide the landlord with the right to inspect the property for any emergency reason whether its a leak, a fire, or anything that could place the property or the tenant in peril. Many residential and commercial leases to rent include language that sets out how and why the Landlord can enter the property, for either (i) inspection (ii) repairs (iii) emergency and if they feel you have abandoned the property, to protect their property from harm. If the Lease is silent, then Florida Statutes steps in and provides the protection for the Landlord.

Many tenants, however, do not want the landlord coming into their property to inspect or repair, and prohibit the Landlord from entering or accessing the property. This is strictly prohibited and could place the tenant in breach of contract.

The landlord must provide notice if coming to inspect. Typically it is 24 hours notice. However, the lease may provide for a different time frame. The landlord can also go in with their agents or workers in order to access the property for repairs or maintenance.

However, they dont have the right to harrass you or go in repeatedly just to annoy the tenant. There must be a valid reason.

At the Law Offices of Jacqueline A. Salcines, PA, our real estate lawyers in Miami have over 31 years experience representing Landlords and Tenants in their tenancy needs. We are very knowledgeable in the law of commercial and residential evictions, and our real estate attorneys will do whatever is necessary to protect and defend your rights.

At the Law Offices of Jacqueline A. Salcines, PA our real estate lawyers serve tenants and lawyers alike, from all over the globe with their landlord and tenant problems. Whether you are a landlord trying to gain access or a tenant being harrassed by your landlord and unfamiliar with your rights, we are here to help you.

We handle the following real estate transactions for our clients:

  • Landlord Residential Contracts
  • Tenant Contracts
  • Landlord Tenant settlements and disputes
  • Evictions
  • Demand Letters
  • Three Day Notices
  • Termination of Tenancy letters
  • Section 8 tenancy
  • Security deposit returns
  • Landlord Tenant evictions
  • Breach of Contract letters
  • Real estate litigation

Don’t go it alone. Hire the services of an experienced real estate lawyer. The first consultation is always free of charge.

TRUST | COMMITMENT | RESULTS

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Jacqueline A. Salcines, Esq.
706 S. Dixie Highway
Second Floor
Coral Gables, FL 33146
Tel: 305 | 669 | 5280
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MOLD REMEDIATION IN FLORIDA LANDLORD TENANT LEASES

SOUTH FLORIDA REAL ESTATE LAWYERS

LANDLORD TENANT LAW

Having a Mold “escape clause” in your lease is the ultimate parachute or protection for any landlord in Florida.  This clause, which is present in many leases, allows landlords to escape liability for any mold that grows in the property after the tenant takes possession.  Having this could mean the Landlord in a Florida landlord tenant lease could escape being responsible for thousands of dollars in property damages.

However, for the tenant, this mold clause is not very favorable.  If you suspect you have mold in your property and have contacted the landlord in an effort to remediate the mold and your request has fallen on deaf ears, there is recourse.  As a tenant, you have options.

Florida landlord tenant law is governed by Florida Statutes Chapter 83.  Chapter 83 makes the landlord responsible for providing habitable conditions in a property rented. This means air, water and conditions that do not cause health concerns.  This means mold!

Many residential landlord tenant leases also require notice to the landlord and opportunity to correct the issue, which could mean calling a mold remediation company to assess the existence of mold, type of mold and remove it.  Mold also causes severe property damages when spores attach to sofas, and clothing, aggravating the situation and out of pocket damages even more.

If you suspect you have mold in your real estate property, call an attorney right away.  Often if handled from the beginning, there are no delays and the issue can be resolved immediately.  We can review your lease at no cost to you and advise what is the best course of action.

At the Law Offices of Jacqueline A. Salcines, PA we have been representing landlords and tenants for over 17 years.  We are knowledgeable in all aspects of landlord tenant law and ready to assist you with your needs. Call today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate matters for over 17 years. If you have an issue with a residential lease,  commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 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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PARTIAL PAYMENT OF RENT AND THE THREE DAY NOTICE – LANDLORD TENANT EVICTION

SOUTH FLORIDA

LANDLORD TENANT LAWYERS

House and lawAll residential Landlord Tenant actions under landlord tenant law in Florida are governed by Florida Statutes Chapter §83.  Landlord tenant law states that anytime a tenant is in default of the terms of the Lease, a written notice with seven days to cure the default is required from the Landlord. An exception is the failure to pay rent.  When a tenant fails to pay rent, the landlord is required to send a Three Day Notice to the tenant.  The tenant is then required to remit payment to the landlord within three days.

Florida landlord tenant statutes regarding the Three Day Notice however are extremely strict and require exact language, as well as exact dates. The three days can not include weekends or holidays and does not include the day it is posted.  The notice must also be posted on the tenant’s door or served with a process server.

If the landlord under a landlord tenant lease accepts payment after the posting of the three day notice, even if partial payment, then the THREE DAY NOTICE become null and void and the landlord can not evict or start the eviction procedure.  Rather, a revised three day notice is required and the mandatory three days waiting as well.

Once the eviction is filed, the tenant is then required to deposit in the court registry, the past due rent, and late fees.  If the eviction does not state the correct amounts due, the tenant can file a motion to determine rents, and have the judge make a determination of what amounts need to be deposited.

 

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing landlord/tenant law, real estate and litigation attorney for the past 17 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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MOLD ISSUES IN FLORIDA LANDLORD TENANT LEASES

SOUTH FLORIDA REAL ESTATE LAWYERS

LANDLORD TENANT LAW

Mold is a recurring issue in South Florida, specially  during the summer months. 

New Florida Bar forms in residential landlord tenant leases now include mold waivers, which require the tenant to inspect the property and consent to its condition prior to moving in and allows the Landlord to be off the hook if mold arises during the landlord tenant relationship.  While not all mold is dangerous to our health, mold can cause severe property damage with spores attaching to clothes and furniture.  One recent mold case handled by our firm resulted in severe asthma and emphysema symptoms to the tenants minor child, resulting in thousand in medical bills, hotel bills and long term care.

Florida landlord tenant law is governed by Florida Statutes Chapter 83.  Chapter 83 makes the landlord responsible for providing habitable conditions in a property rented. This means air, water and conditions that do not cause health concerns. However, if you are one of the many tenants that signed these mold riders to the residential  lease agreement, you may have permitted the landlord to escape liability since the landlord can say it was the tenants failure to maintain the air conditioner or the water conditions in the property. 

Mold issues that arise during a landlord tenant residency must be communicated in writing to the landlord and allow the landlord 7 days to remediate the problem. This  could mean calling a mold remediation company to assess the existence of mold, type of mold and remove it. Since  mold spreads quickly when the conditions (humidity, lack of air flow, dark damp growing conditions), it is crucial to address it immediately when it is first visible.

If you suspect you have mold in your real estate property, call attorney Jacqueline Salcines right away.  Often if handled from the beginning, there are no delays and the issue can be resolved immediately.  We can review your lease at no cost to you and advise what is the best course of action.

At the Law Offices of Jacqueline A. Salcines, PA we have been representing landlords and tenants for over 17 years.  We are knowledgeable in all aspects of landlord tenant law and ready to assist you with your needs. Call today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate matters for over 17 years. If you have an issue with a residential lease,  commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 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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LANDLORD TENANT MOLD ISSUES IN SOUTH FLORIDA

SOUTH FLORIDA REAL ESTATE LAWYERS

LANDLORD TENANT LAW

Whether you are a tenant in South Florida housing that is experiencing mold, or a landlord in South Florida being told by your tenant that the property has mold, the solution is not always easy.  Living in such close proximity to the water, it is almost impossible to not find a property in South Florida that does not have the presence of mold. And not all mold is dangerous, life threatening or hazardous.  However, some mold is and that is where things can get very scary.

Florida landlord tenant law is governed by Florida Statutes Chapter 83.  Chapter 83 makes the landlord responsible for providing habitable conditions in a property rented. This means air, water and conditions that do not cause health concerns. However, many residential leases contain clauses that opt out of Florida landlord tenant law Chapter 83, and the tenant signs that he accepts the property as is and that at the time of signing there is no  mold.

Many residential landlord tenant leases also require notice to the landlord and opportunity to correct the issue, which could mean calling a mold remediation company to assess the existence of mold, type of mold and remove it.  Mold also causes severe property damages when spores attach to sofas, and clothing, aggravating the situation and out of pocket damages even more.

If you suspect you have mold in your real estate property, call an attorney right away.  Often if handled from the beginning, there are no delays and the issue can be resolved immediately.  We can review your lease at no cost to you and advise what is the best course of action.

At the Law Offices of Jacqueline A. Salcines, PA we have been representing landlords and tenants for over 17 years.  We are knowledgeable in all aspects of landlord tenant law and ready to assist you with your needs. Call today at (305) 669-5280 to schedule your legal consultation.

The Law Offices of Jacqueline Salcines offers cost effective services designed to meet your individual needs and requirements. For strong legal representation, call us at (305) 669-5280 today! Attorney Jacqueline Salcines  has been handling all types of real estate matters for over 17 years. If you have an issue with a residential lease,  commercial lease, landlord tenant law, real estate contract, title insurance, tax deeds, quiet title or any real estate issue, contact our probate and real estate attorney!

 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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REAL ESTATE CONTRACT AND LEASE NEGOTIATION

SOUTH FLORIDA REAL ESTATE LAWYERS

REAL ESTATE CONTRACT AND LEASE NEGOTIATION

A real estate contract is a legally binding document between two parties that binds the parties into certain terms and obligations.  Whether you are looking to buy, sell or lease residential or commercial property, you should always seek the services of an experienced real estate lawyer in Miami Dade County, to draft or negotiate a contract that addresses your particular needs.

Despite how important it is to have an attorney review your documents PRIOR to signing, many parties reach out to attorneys after they have already signed the real estate contract.  Buyers, sellers, tenants and landlords, whether residential or commercial, fail to contact a real estate attorney in Miami Dade County until the contract is already signed. Now, instead of giving advice as to how best protect the buyer, seller, tenant or landlord, we are usually being asked how can we now get them out of the problem.

At this point, a negotiation or litigation may become necessary in order to protect the buyers, sellers, landlord or tenants rights.  This is often a result of poor planning or the misconception that attorneys charge too much and therefore not feasible.  This is false.

On the contrary. It is less expensive to hire an attorney to draft a Residential Contract for Sale or Purchase or Residential Lease and represent you in the process, then it costs to hire one to then file or defend a litigation against you for nonperformance under the terms of the Real Estate Contract or Lease.

THE PROCESS OF NEGOTIATING A CONTRACT OR LEASE

By allowing an attorney to assist you to draft the contract, instead of just believing that all real estate contract and terms are standard in Florida, we can protect you every step of the way.  The best way to negotiate a contract is by hiring an experienced real estate lawyer in  Miami before entering into the transaction.  Even if you already hired a real estate attorney here is the basics to always consider when entering into a real estate contract:

  • Are the proper parties listed in the contract, with correct names
  • Are all the terms we spoke of addressed in the real estate contract or lease.  In Florida, only what is written, not the verbal or oral terms, will control the parties understanding.
  • Is the deal being financed?  If so, are the terms of the financing clear?
  • Who is going to hold the deposit?  Is the escrow agent a real estate lawyer who will not commingle the funds?
  • Is there a period of due diligence or inspections? Will you have enough time to hire a professional and obtain the report?

Always consult with a real estate attorney prior to entering into any real estate deal for purchase or landlord tenant residential lease.  A real estate attorney will analyze all options and bring our experience with prior issues we have encountered, to the table to protect you.

If you or anyone you k now is in need of legal assistance in a real estate contract or lease agreement in Miami Broward, Palm Beach or Monroe County, contact the Law Offices of Jacqueline Salcines today.

Attorney Salcines is:

  • A lawyer
  • An accountant
  • A realtor
  • A title agent

All these title in the real estate arena, for 17 years, allow us to put our experience to work for you.

Call us today for a free consultation. at  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

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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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.  When a tenant stops paying the rent, the landlord is required to follow Florida Statutes Chapter 83 which sets forth the steps for collecting rent:

1.  Three Day Notice

2.   Filing of a lawsuit in eviction

3.   Serving the tenant with the 5-day summons and complaint

4.  Waiting for the tenant to answer or obtaining a default

5.  Enlisting the services of the Sheriff to execute the Writ of Possession

Many landlords believe that when a tenant vacates or has been evicted, they are entitled to retain the security deposit as a punishment or to recuperate lost rent.  This is absolutely false and against the law. Landlord Tenant law in Florida and Florida Statutes covering landlord tenant residential actions specifically require the Landlord to return the security deposit to the tenant by Certified Mail, at the last known address, within 30 days days of vacating the premises.  If the address has not been provided, then the property address will suffice. 

While some landlord tenant residential leases do permit it to be kept, of have liquidated damage clauses for early termination or abandonment, there are strict requirements under Florida Landlord Tenant law as to what steps a Landlord must follow if he or she intends to keep a portion of the security deposit, or all of it.  A statutory letter must be sent within the required time frame with an itemization of the exact amounts being kept and the reason for not returning it to the Tenant.

This letter is often never sent or if sent, the landlord writes it incorrectly. That is where the services of a knowledgeable landlord tenant lawyer come in.

 

At the Law Offices of Jacqueline Salcines, PA, attorney Jacqueline Salcines has been a practicing landlord/tenant law, real estate and litigation attorney for the past 17 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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TENANT’S RIGHTS WHEN RENTING IN FLORIDA

EXPERIENCED LANDLORD/TENANT ATTORNEY

JACQUELINE A. SALCINES, ESQ.

Anyone who rents a dwelling in Florida is covered under Florida Statutes Chapter 83.   Many tenants are not aware of their rights when renting, particularly with respect to the condition of the property and what the Landlord is required to do. The following is a short but non-inclusive list of landlord duties under the terms of a written or verbal lease in Miami Dade County:

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

MUST ADVISE LANDLORD IN WRITING

Any violation of the above requires WRITTEN notice to the Landlord if landlord breach.

Many tenants feel that sending a text message or voicemail is ok as to meet the notice requirements.  However, under Fla. Statutes, landlords must be placed on written notice of the problem in order to allow them to correct it.  Thereafter, 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
 
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