Protecting Tenants’ Rights: Unlawful Fees under Florida Statute §83.575
In recent times, an alarming trend has emerged among landlords in Florida: the unjust imposition of fees on tenants for allegedly failing to give the required notice before vacating their premises at the end of the rental agreement. This practice, governed by Florida Statute §83.575, has become a significant concern for tenants who believe they have complied with their lease terms. As a law firm dedicated exclusively to defending the rights of tenants, we are here to shed light on this issue and offer our legal expertise.
Understanding Florida Statute §83.575
Florida Statute §83.575 outlines the conditions under which a landlord may charge a tenant for not providing adequate notice before leaving a rental property. This statute requires tenants to give notice before vacating the premises at the end of the rental agreement. However, there’s a critical aspect that landlords often overlook: they are obligated to send a reminder notice to tenants “15 days before the start of the notification period contained in the lease” and this notice must include the fees, penalties, and other charges.
The Growing Concern: Landlords’ Non-Compliance
Many landlords are skipping this essential step. They are not sending the required reminder notices to tenants, yet are quick to impose fees for non-compliance with the notice requirement. This practice not only breaches the statute, but it also puts tenants at an unfair disadvantage. Without the reminder (or a discreet reminder buried in other communications), tenants may inadvertently fail to provide the required notice, leading to unjust financial penalties. In the wider context, there is movement towards enacting more legislation to combat what the Federal Trade Commission (FTC) terms as “Junk Fees.” Recently, the FTC Proposed Rule to Ban Junk Fees. Junk Fees are unnecessary or excessively high charges that provide no substantial benefit to the consumer, and the growing scrutiny of such fees reflects a broader effort to protect consumers, including tenants, from exploitative practices. Our firm is pursuing claims to protect consumers from these predatory practices.
Your Rights as a Tenant
As a tenant, you are protected under Florida law from improper charges and Junk Fees. If your landlord has charged you a fee under these circumstances, you may have a valid legal claim. For example, if your landlord failed to send the required reminder notice with the proper language, they might not be entitled to charge you these fees. In addition, if you bring a lawsuit succesfully challenging those fees, a landlord may be required to pay your attorney’s fees.
How We Can Help
Our law firm specializes in tenant law and is committed to protecting your rights. If you’ve been unfairly charged a fee upon moving out, we are here to help. Our team of experienced attorneys understands the nuances of Florida’s tenant laws and is prepared to advocate on your behalf. Our office evaluates notices and invoices from landlords to determine if those fees are Junk Fees and are improper.
Take Action Now
If you have received a bill from your landlord that includes excessive fees, especially upon moving out, please:
- Gather Documentation: Collect all relevant documents, including your lease agreement, any correspondence with your landlord, and proof of any fees charged.
- Contact Us: Reach out to our office for a consultation. Our attorneys will review your case, advise you on your legal options, and strategize the best course of action.
- Stay Informed: Educate yourself about your rights as a tenant. Knowledge is power, and understanding your legal rights is crucial in combating unfair practices.
Conclusion
Tenant rights are a cornerstone of our legal system, and it’s essential that these rights are respected and upheld. If you believe you’ve been wrongfully charged under Florida Statute §83.575, don’t hesitate to seek legal assistance. Our law firm is here to support you every step of the way.
Contact us today to ensure your rights are protected.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific legal advice, please consult with an attorney.
]]>Senate Bill 1586, along with its companion bill CS/HB 1417, stood at the forefront of this legal evolution. One significant shift was the centralization of authority over residential tenancies. This move transferred regulatory power from local municipalities to the state level, creating a uniform legal framework across Florida. While one could argue that it streamlined the legal process for landlord-tenant matters, it also means that nuances in local ordinances, previously tailored to specific community needs, are now overridden by Florida State law.
Another area of change that directly impacts tenants is the modification of the notice period required for lease terminations. Understanding these new timelines is critical for tenants, as they dictate the procedure and legality of ending a tenancy or rent increases.
Perhaps one of the more tenant-friendly changes is the requirement for landlords to provide advanced written notice for rent increases. Florida law now (as of July 1, 2023) requires at least 30 days’ notice for such increases. This adjustment gives tenants more time to prepare for financial changes, thereby enhancing housing stability and planning.
The nuances of these legal changes, including the intricacies of Section 83.57 of the Florida Statutes, are integral to a tenant’s informed decision-making. This section, in particular, deals with the termination of tenancy without a specific term and has implications for how tenants can lawfully exit a rental agreement. If you receive a notice to increase your rent or to vacate, ensure it is provided to you at least 30 days’ in advance. Otherwise, it is a violation of Fla. Stat. §83.57.
Another significant development in 2023 that affects tenants is found in Section 83.491 of the Florida Statutes. This new provision, effective from July 1, 2023, introduced an alternative to the traditional security deposit for tenants.
Under this new law, landlords can now offer tenants the option to pay a nonrefundable fee instead of a traditional security deposit. It’s important to note that the fee is non-refundable, regardless of the condition in which the property is left at the end of the tenancy. This is a key difference from traditional security deposits, which are typically refundable if the property is left in good condition.
If a tenant opts for this fee instead of a security deposit, the landlord is required to notify the tenant within 30 days after the conclusion of the tenancy if there are any costs or fees due resulting from unpaid rent, fees, or other obligations under the rental agreement. If the landlord fails to do so, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit.
It’s crucial for tenants to understand these new options and their implications. While the fee in lieu of a security deposit can offer more immediate financial relief, it’s nonrefundable and does not absolve tenants from other financial obligations under their rental agreement. Therefore, tenants should carefully consider their options and the potential long-term financial impacts before choosing between a traditional security deposit and the nonrefundable fee.
These developments are a significant shift in the landlord-tenant dynamic in Florida. We encourage tenants to stay informed about their rights under these new laws and consult with our office if you have any additional questions.
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When natural disasters strike, the effects can be devastating for residents in the affected area. If you’re a renter in Florida, you might be wondering what your rights are if a natural disaster forces you out of your rental. Here’s what you need to know about being a renter after a hurricane.
What to Expect After a Natural Disaster
After a natural disaster, you’ll want to be sure to keep informed about any evacuation orders for your area. At the same time, you’ll also want to be prepared for any damage that may occur to your rental property. When a hurricane or other type of storm hits, you can expect the following: Rising waters from storm surge, damaged infrastructure or collapsed roads, power outages, and damage to your rental property. As a renter, if your rental property experiences damages, you may need to take special precautions to protect your rights.
Know Your Rights When Returning to a Damaged Property
If you evacuated and return to your rental property after a natural disaster, you’ll want to be sure to check the property to see what, if any, damage has occurred. If there are damages that are significant, you have two options depending on the severity of the damages.
1) When Your Rental is “Substantially Impaired” i.e. Unlivable or Destroyed
Where the use of the leased premises is “substantially impaired” by damage from a natural disaster, Florida law states,
If the premises are damaged or destroyed other than by the wrongful or negligent acts of the tenant so that the enjoyment of the premises is substantially impaired, the tenant may terminate the rental agreement and immediately vacate the premises.
Florida Statute 83.63
Who can terminate the lease?
Only the tenant—not the landlord— has the sole discretion to terminate the tenancy and vacate the leased premises after casualty damages due to a natural disaster.
2) When the Rental is Partially Damaged or Destroyed and You Want to Remain
Where the use of the leased premises is “unusable by the casualty” from a natural disaster whereby you want to remain living at the property, Florida law states,
The tenant may vacate the part of the premises rendered unusable by the casualty, in which case the tenant’s liability for rent shall be reduced by the fair rental value of that part of the premises damaged or destroyed.
If you decide to continue the tenancy after a hurricane, we would recommend that you issue to the landlord a seven day notice to perform the repairs. Such notice will need to be delivered or mailed to the landlord at the landlord’s address. It provides the landlord 7 days to fix the damages and will establish a lawful defense to the non-payment of rent if the landlord were to file an eviction. You may then also negotiate a rent reduction based on the damaged premises.
Your Rental Agreement During Disasters
If you’re a renter, you’ll likely have a rental agreement with your landlord that outlines when and how rent is due and what the landlord’s obligations are. You’ll want to be sure to be familiar with your rental agreement, as well as any terms or addendums attached to the lease. You also may need to be prepared for a few different scenarios. Here are a few things you’ll want to be prepared for: Natural disaster disrupts your ability to pay rent; Natural disaster damages your rental property; or Natural disaster forces you to move out of your rental property.
Tips for Renters After a Natural Disaster
If you’re a renter and a natural disaster occurs in your area, you’ll want to be sure to stay informed about any alerts or warnings in your area, and you may want to have a disaster plan in place with your family. You also can contact your state’s Consumer Protection Agency if you have additional questions about your rights as a renter after a natural disaster. Stay alert for scams! Keep copies of important documents. Additionally, it is important to have seven day notices ready to report any damage to your landlord. Stay informed about government assistance programs, and disaster relief funds may be available to help you with upcoming rental payments.
Conclusion
When natural disasters strike, many people who rent in Florida end up having to deal with a sudden loss of housing. If you are a renter, you may have some key decisions to make in these situations but may want to be sure to educate yourself on what your rights are before disaster strikes. You also can contact your county’s Consumer Protection Agency or our office if you have additional questions about your rights as a renter after a natural disaster.
]]>Many businesses and consumers are worried about the ability to cancel or revise their contracts. Typically, companies and individuals enter into contracts to mitigate for situations like an unanticipated business interruption, such as the situation we are all facing with COVID-19.
Will you be able to cancel your meeting without liability for cancellation fees? Will you be able to go ahead with the meeting, despite reduced attendance, without liability for attrition damages? A key tool in managing the risk of such challenging circumstances is the force majeure clause.
Force Majeure Clauses
A force majeure clause is a contract provision that excuses a party’s performance of its obligations under the contract when certain circumstances beyond the control of a party arise, making performance inadvisable, commercially impracticable, illegal, or impossible. These clauses are common in contracts and are a valuable resource in determining how to navigate performance when there are issues affecting performance that are outside the parties’ control. When determining whether the coronavirus might constitute a force majeure event in your contract, you should consider the following:
A. Does your contract include a force majeure clause or similar provision?
A force majeure clause generally states that the occurrence of certain unforeseen events or circumstances beyond a party’s reasonable control will excuse that party from its performance obligations. The provision usually lists a series of force majeure events or circumstances, the occurrence of which will excuse performance for the duration of that force majeure event (and sometimes for a reasonable period thereafter) and relieve that party from liability caused by such nonperformance.
B. Does the force majeure clause include language that would encompass the coronavirus?
Examine the specific language in the force majeure provision to determine whether the coronavirus constitutes a force majeure event. See if the clause expressly includes a pandemic, epidemic, public health emergency, outbreak of communicable disease, or other similar occurrence as a force majeure event, which would increase the likelihood of enforceability.
C. Is the coronavirus the reason the party is unable to perform the agreement?
Establishing causation between the coronavirus and the inability to perform contractual obligations is required to invoke force majeure. Such a determination will be fact-sensitive. Even if you agreement includes a provision that encompasses the coronavirus, this will not automatically excuse performance or relieve it from liability resulting from nonperformance, as you must still meet the other force majeure requirements. The coronavirus must be the true reason your client cannot satisfy its contractual obligations.
D. Weigh the risks of declaring force majeure.
Before invoking the coronavirus as a force majeure event, carefully consider the potential ramifications that such action may trigger. If performance has been rendered impossible or economically unfeasible, there may be no other viable alternative. Invoking force majeure may, however, be accompanied by business and legal perils. There could be unintended and unwanted consequences that the you should contemplate. For example, your business’s reputation in its industry could be impaired, relationships with critical customers could be jeopardized, and the terms of the contract may permit the other party to terminate the agreement.
We advise clients on numerous legal issues relating to COVID-19 and its effects, such as force majeure clauses in contracts and negotiating commercial agreements in light of world events.
Don’t hesitate to give us a call or schedule a consultation with us. We are deemed an essential business and will continue to operate 100% digitally. We are holding all consultations via zoom or telephone. We’re here to help.
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A long time ago, civilized societies decided that stealing the property of another was wrong. The penalties for stealing are quite different now than they were in the past. Even today, various areas around the world treat theft very differently. It is rumored that in some areas of Africa and Saudi Arabia, the right hand of a convicted thief may be cut off at the wrist as punishment for their crime. The good news is that Florida Law does not go that far. However, the penalties for theft can be quite severe depending on the circumstances of each case.
Florida Statute 812.014 covers Theft, Robbery, and Related crimes. The first part of the Statute states, “A person commits theft if he or she knowingly obtains or uses, or endeavors to obtain or to use, the property of another with intent to, either temporarily or permanently: (a) Deprive the other person of a right to the property or a benefit from the property; or (b) Appropriate the property to his or her own use or to the use of any person not entitled to the use of the property.” This law then goes on to describe the different levels of theft, which are based on several factors, including, but not limited to, the price of the stolen goods and if damages to the real property of another occurred during the incident.
Hiring an experienced attorney is very important if you have been arrested for theft because, to put it simply, police officers and loss prevention officers do not always understand the complexity of the law. A good lawyer will know what evidence to collect and scrutinize, and will also serve as your representative to demonstrate to the prosecutor that you may have just made a mistake. It will be your attorney who will be able to research your case and find out all the relevant information, such as determining if your driver’s license is at risk if you are convicted of theft under Florida Statute 812.014, which is a possibility (See Florida Statute 812.014(5)(b)).
There are many other aspects of the Florida Law that will affect your case. If it is your first theft offense, the penalties are usually pretty reasonable. You will likely end up with probation or less. However, if you have been convicted of theft before, each new case gets much more serious and can lead to jail or prison time.
At the end of the day, stealing is never a good idea. But if you made a mistake, or law enforcement made a mistake in judging the situation, you should call us today to schedule a free consultation. Acting fast and being proactive almost always leads to a better result. Every single day, all around the world, people are in need, and desperate times often lead to desperate measures. On the other hand, some people feel they have to steal things. The need to steal has been classified as an impulse control disorder, called kleptomania. In either situation, Landers & Sternberg can help you get your case resolved, so you can focus on creating a better future for yourself.
Call us now at 407-495-1893 or email Attorney Parker Landers directly at parker@landersandsternberg.com
Do police officers have to read me my Miranda Rights if I am arrested?
The short answer is: No, not always. It truly depends on each situation. Many of my clients who have been arrested ask me about their Miranda Rights. Most of us have seen plenty of television shows where a robot-like police officer makes an arrest and says “You have the right to remain silent…” and explains to the arrestee that they have other rights related to having an attorney. This article serves to explain where these Miranda Rights come from and what they mean for you.
Why is it called a “Miranda Warning”?
In 1966, the Supreme Court ruled that the police must explain that individuals who are detained have a constitutional right to an attorney and to not incriminate themselves. The name of the Supreme Court case was Miranda v. Arizona, so that is why these rights are called Miranda Rights and the warning given by police officers is called a Miranda Warning.
When must a person be informed of their Miranda Rights?
There are two key factors that must be present before an officer is required to give a Miranda Warning. The first is that the criminal suspect must be detained. The second factor is that the police officer intends to interrogate the suspect.
Whether a person has been detained or not can be a difficult question to answer briefly, but I will do my best. In the context of Miranda, being detained really means that the person is in police custody. A person is said to be in custody when the suspect’s ability to move freely is diminished to the “degree associated with formal arrest.” California v. Beheler, 463 U.S. 1121, 1125 (1983). In practice, this definition is critical, because a traffic stop is a temporary detainment but the person being pulled over for a traffic infraction isn’t “in custody,” so an officer can ask the driver questions without reading a Miranda Warning.
The second factor is the more obvious one. Even if you are in custody, police officers are not required to inform you of your Miranda Rights if they don’t interrogate you. Thus, if the police witnessed you commit a crime, like battery, and then they arrest you and drive you to the jail to be booked, then they were never required to read you the Miranda Warning. Why? Because they did not interrogate you. It’s really that simple.
What is the “Miranda Warning”?
There is not an exact wording of the Warning that is completely consistent across all police agencies. However, they all have the same effect when it comes to informing the detained individual of their constitutional rights. Most police officers have a Miranda card that they read from and the warning generally goes something like this:
- You have the right to remain silent.
- Anything you say can and will be used against you in a court of law.
- You have the right to talk to a lawyer and have him present with you while you are being questioned.
- If you cannot afford to hire a lawyer, one will be appointed to represent you before any questioning, if you wish.
- You can decide at any time to exercise these rights and not answer any questions or make any statements.
Do you understand each of these rights I have explained to you?
Having these rights in mind, do you wish to talk to us now?
What do I do if I am read Miranda?
All detained suspects who are to be interrogated have these constitutional rights that come from Miranda v. Arizona, so I encourage my clients to exercise these rights. Why? Well, to be frank, because they are your rights. They are meant to protect you, so it is almost always in your best interest to exercise these rights and have a lawyer assist you with the criminal investigation process. Police interrogations can be intense and confusing, which often result in suspects giving information to the police that may incriminate them. It is better to err on the side of caution and exercise your right to have an attorney present during an interrogation by the police when you are in custody.
If you have any questions about your criminal matter, please call our firm at (407) 495-1893.
What’s a Withhold?
To understand what a Withhold of Adjudication means in Florida, you must first understand what an Adjudication of Guilt means. When a Defendant is resolving a criminal case, a judge has two options other than dismissing the case outright. One option is to enter an Adjudication of Guilt as to the crime charged. This means that the judge is formally convicting you of the crime and this conviction goes on your record. It also means that you will not be able to seal or expunge your case.
The other option the judge has is to enter a Withhold of Adjudication to the crime charged. This is a peculiar concept because a Defendant can enter a plea of guilty or no contest, but still be given a Withhold of Adjudication. In plain English, the Withhold of Adjudication means that the Defendant is NOT convicted of the crime. This is obviously a better outcome than an Adjudication of Guilt in most situations. When you get a “Withhold,” you can answer “No” to the common job application question: Have you ever been convicted of a crime? You may also be eligible to seal your record through the Florida Department of Law Enforcement if the related crime qualifies.
Cons of a “Withhold of Adjudication”
Some crimes, like Domestic Battery, cannot be sealed even if you do get a Withhold of Adjudication. Additionally, Withholds are scored the same as Adjudications of Guilt when it comes to sentencing guidelines. This is especially important when it comes to driving with a suspended license, because a withhold on this charge will still count as a strike on you license, which means you are that much closer to a five-year suspension (three strikes within a five-year span leads to a 5-year suspension). Federal Courts and out-of-state jurisdictions tend to view Withholds the same as formal convictions, so that is an important factor to think about when you are resolving your criminal matter.
When is a Withhold possible?
Withholds of Adjudication are considered to be gifts in the eyes of most judges and prosecutors. They are usually offered or given when a Defendant has no criminal history or very little criminal history. However, I have secured Withholds for my clients even when they do have a criminal history, so there are no absolutes either way. Another critical point is that some crimes do not allow a judge or prosecutor to enter a Withhold of Adjudication. For example, a Defendant cannot be given a withhold on a driving under the influence charge (Florida Statutes 316.193).
Should I Take the Plea?
A lot of my clients ask me if they should take a plea offer that contains a withhold of adjudication and what does it mean. First off, you should clarify with your attorney if the withhold of adjudication will have any enhancements, such as making you a career criminal or a habitual traffic offender. Second, you should think about your life situation and think long-term because the Federal government will likely see your Withhold as a conviction. Lastly, an attorney should never tell you how to resolve your case. It is completely up to you. They can only give you their opinion, but you are the one who makes the decision.
Our firm takes the time necessary to make sure you understand the ramifications of every plea you are offered. In general, a withhold of adjudication is a relatively positive outcome, especially when compared to a formal conviction. However, the charge is not dismissed. Our firm always tries to have charges dismissed when there is a legitimate legal issue we can articulate in an argument. Our recommendation is to know your options, ask as many questions as you need to, and talk to your attorney and loved ones about any decision you make on your case.
If you were arrested for a DUI in Florida, you likely will be asking, “How do I get my driver’s license back?”
Having the ability to drive in Florida is essential and you have to act quickly because you have only 10 calendar days to reinstate your license after a DUI arrest. If you were arrested for DUI in Florida and you either blew .08 or above, or your refused the breath test, your license has been suspended. You then have 10 days to either reinstate your license as a hardship license or challenge the validity of the suspension. After a DUI Arrest, an entry is entered on your Florida Driving History for Driving With an Unlawful Blood Alcohol Level or Refusal to Submit to Breath Test.
Driver’s License Suspensions After a DUI Arrest:
- 6 months if you blew above a .08
- 12 months if you blew above .08 and previously blew above .08
- 12 months if you refused to take the breath
test - 18 months for a second or subsequent suspension for refusal to take a
breath test
1. Waive the Formal Review Hearing
If you complete the steps below correctly within 10 days of your arrest, you will have the ability to immediately begin driving again under a Business Purposes Only License
You must notify the DMV that you would like to waive a formal hearing and request to receive a Business Purposes Only License. You will need to do the following steps in order to properly
make the request:
A) Confirm You Do Not Have a Prior DUI Conviction or Prior DUI Administrative Suspensions
Florida Statute § 322.271(7) provides for an immediate reinstatement process and states that ”a person who has never previously had a driver license suspended under s. 322.2615 [an administrative suspension], has never been disqualified under section s. 322.64 [related to operating a commercial vehicle while under the influence], has never been convicted of a violation of s. 316.193 [DUI], and whose driving privilege is now suspended under section s. 322.2615 is eligible for a restricted driving privilege pursuant to a hearing under section (2).”
B) Enroll in DUI school and Print a Copy for the DMV
Select the “DUI Level 1-First Offender” course, which costs $275 (as of 2019), and is mandatory in all DUI cases. The added benefit of signing up for this course early in your case is that it will look good to the assistant state attorney assigned to your case. He or she will see that you enrolled into the class very early. Additionally, you will not have the threat of going without any driving privileges while you decide your options regarding the DUI charges.
C) Bring the DUI citation with you to the DMV location.
D) Print and Fill Out the Request For Eligibility Review Form and Bring It With You to the DMV.
E) Fees Required.
You Must Pay the Following Fees:
- $25 for the eligibility fee;
- $175 for an administrative reinstatement fee; and
- $25 for issuance of the Business Purposes Only License.
If you lose your formal review hearing, you will face a mandatory hard-time suspension.
You can choose to fight the suspension with a formal review hearing. A Formal Review Hearing will be set within 30 days, where you or your attorney can subpoena and question witnesses associated with your case. If you lose your formal review hearing then you face a mandatory driver’s license suspension with no possibility of a business purposes only license, which means you will face a period of no driving whatsoever. If you are eligible for the formal review hearing, you will receive 42-day temporary driving permit for business purposes only until your hearing is completed.
You have only 10 days do to select one of the above. If you fail to do so within 10 days, you will face a mandatory hard suspension of at least 30 days and possible much longer.
Private Attorney or Public Defender?
I take calls every week from people who are seeking legal advice regarding criminal incidents. One thing these potential clients always ask me is, “Is it worth hiring a private attorney or should I try to get a public defender?” This is a legitimate question, but there is not a perfect answer. However, there are important things every person should know when they are deciding on representation for a criminal matter.
First and foremost, a private attorney is going to cost you more money than a public defender. If you are indigent, you can have a public defender appointed to your case. There is a $50 application fee, which is a very small price to pay for any legal representation. A private attorney is usually going to cost you over $1,000 for a criminal case, unless you’ve been arrested for a simple, second degree misdemeanor, like a trespass. Some private attorneys will take these types of cases for slightly less than $1,000. But most criminal cases are going to cost you more than $1,000 if you decide to hire a private attorney. For serious felony charges, you could be paying tens of thousands of dollars for private representation.
So why would anyone hire a private attorney if they have a chance at getting a public defender appointed? Well, it’s a matter of preference and income. I worked as a prosecutor for more than two years. During that time, I had many cases where public defenders represented the accused. Some of these public defenders were fantastic lawyers. In fact, the majority of them were passionate and truly cared about the work they were doing. However, they had many more cases than the typical private defense attorney. Therefore, they had to prioritize their cases, which meant that some of their cases didn’t get the attention they deserved.
Time Is Money
A public defender is rarely going to have the time to research and investigate a case as thoroughly as someone in private practice. Additionally, a public defender is employed by a political body (and a government agency to be exact), which often affects the amount of attention some cases get. I know I wouldn’t want political affiliations to affect my freedom.
As a private practitioner, I take pride in giving every case the attention that it deserves, and often more attention than some may think is necessary. I make your problems my problems. I think about as many angles and strategies as possible before making the next move. I often email and call my clients with the answers to their questions before they even ask the questions.
To me, communication is crucial when you find yourself facing a big problem. With sufficient communication comes less stress and more confidence. My law firm would fail if my client relationships weren’t fantastic. A public defender does not need to make his clients happy, because public defenders will always have cases, no matter what. They do not care about repeat clientele. But private attorneys are be in the business of creating long-lasting client relationships. My goal is to get the best results possible, no matter what the cost. When you hire me, I take your concerns and make them my own.
Who Would I Choose?
Thus, I always end my private attorney versus public defender rant by saying, “If I ever have to choose between the two, I will definitely hire private representation.” That is why I honestly advise potential clients to at least call a few private attorneys before automatically going with a public defender. Many law firms will allow you to set up a payment plan and are willing to work with you on the financial aspect of the representation. But remember, if you cannot afford to hire private representation, you will still have an adequate lawyer who may turn out to be wonderful. However, you don’t get to choose the specific public defender who is assigned to your case, so you can never be certain. And I don’t like to be uncertain when it comes to my freedom. Do you?
]]>Are you currently dealing with a Landlord that isn’t returning your security deposit?
A Florida landlord may or may not be making a legal claim against your security deposit. Here are a few common reasons a landlord may legally withhold a portion of your security deposit.
Landlords will often make attempts at keeping security deposits unlawfully. Sometimes it may be because they are simply greedy and other times it may be because they are unaware of the law (think Marty from The Big Lebowski). However, there are times when a landlord can legally keep a portion of your security deposit. The nuances in the law are often unknown by tenants, but a competent attorney will be able to decipher them on your behalf.
Reasons a Tenant may lose a portion of his or her Security Deposit in Florida
In Florida, landlords may be able to make deduction to your security deposit to cover (1) any unpaid rent, (2) For damage to the apartment in excess of normal wear and tear, and/or (3) Other violations of the lease agreement.
Unpaid Rent
In Florida, many leases provide for advance rent to cover the final month of a lease. Even then, if you do not fulfill your contractual obligation to pay the full monthly rent, a landlord is typically allowed to keep the portion of this security deposit necessary to cover the lost rent. The lesson here is: Don’t be like The Dude and make Marty wait too long for his rent money. Otherwise, your landlord may dip into your security deposit.
Damage Versus Wear and Tear
Your lease has just ended, and you feel like you did a great job cleaning the unit. However, the landlord is alleging damage has been made to the property while you were occupying it. It’s important to note that “damage” is different than normal wear and tear on the property. Normal wear and tear is, for example, some small nail holes in the walls from hanging pictures, a couple tiny stains on the carpet (“Ahhh not the rug man!”), dirty grout, loose handles or doors on kitchen or bathroom cabinets, reasonable amounts of dirt, dust or grime on the floors, walls, or appliances. Damage, on the other hand, is quite different. It arises from things like large holes in the walls, huge stains or holes in the carpet, extensive water damage to hardwood floors, missing outlet covers, missing or damaged smoke or carbon monoxide detectors, cracked kitchen or bathroom counter top, broken windows or doors. Thus, hiring an attorney to develop a crafty argument on your behalf may be necessary to distinguish damage from normal wear and tear in your specific case.
Other Violations
Other violations that may permit a landlord from deducting a portion of your security deposit are unpaid utilities or cleaning costs. Cleaning costs may only apply if the mess left after vacating a property is egregious. Leaving one small item of trash in a back closet by mistake is not a reasonable use of the security deposit. However, extensive garage or items left behind may be sufficient for a landlord to charge for reasonable cleaning services. The takeaway here is to make sure you take away all of your items, so the landlord doesn’t take away your security deposit.
Can the Landlord Charge Me for Cleaning?
Often, I hear from tenants,
“I swept, mopped, scrubbed and polished the unit. The landlord is STILL charging me for cleaning. Is that legal?”
As mentioned above, under normal circumstances, a landlord cannot take a deduction from a tenant’s security deposit to cover normal cleaning costs. However, landlords will often ignore tenants and take part or all of the security deposit until the renter takes action.
How Do I Recover My Security Deposit?
There are specific steps codified in the Florida Statutes that inform Florida landlords of the steps they must follow regarding security deposits. If these steps are not followed, they risk losing the right to make any claim on your deposit money. Often times, landlords fail to follow these steps required by statute. In Florida, tenants that are not represented by counsel are at a disadvantage. Landlords often believe that tenants will walk away from a lease without a fight. Sadly, tenants often do walk away because they are unaware of their rights. But knowledge is power, and we have your back.
If a Landlord intends to impose a claim against a security deposit, Florida law requires a landlord “to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim within 30 days upon you vacating the premises for termination of the lease.” The landlord’s letter must contain the following language:
“This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to _________. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address).”
If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit. That is where the attorneys at Landers & Sternberg PLLC will be able to assist you in determining if there is a claim. However, if you left your unit looking like the Jackass crew partied there for months, you will likely have to pay for the damages one way or another.
Is Your Landlord ignoring you or wrongfully holding your security deposit?
Contact an attorney today from Landers & Sternberg PLLC at (407) 495-1893. We can help you!
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