Miami Landlord-Tenant Dispute Attorney
Alhalel Law offers legal services to Miami landlords and tenants who find themselves in a legal dispute that cannot be effectively resolved without the help of an attorney and potential involvement of the judicial system. Landlord-tenant matters often involve a complicated set of facts and complex legal issues. Alhalel Law has extensive experience in landlord-tenant litigation, resolving disputes efficiently and effectively while making sure our clients’ contractual rights are respected and upheld.
Alhalel Law represents both landlords and tenants in matters related to a tenancy. Call our Miami landlord & tenant dispute attorney for practical advice and passionate advocacy in any of the following areas.
Security Deposit Disputes
Security deposits are a typical feature of residential lease agreements. The deposit is held by the landlord in a separate account until the termination of the lease, at which point the deposit is either returned to the tenant or held if the landlord makes a claim against the deposit amount. The landlord has 15 days to return the deposit unless the landlord is making a claim against the deposit, such as for cleaning or repair to the premises. The landlord has 30 days after move-out to notify the tenant of the landlord’s intent to impose a claim against the deposit. Tenants then have 15 days after receipt of the notice to object to the claim. If the tenant does not object within that period, the landlord is authorized to collect the claim and mail any remaining portion of the deposit to the tenant’s new address.
If the landlord fails to give notice of a claim within the 30 days as required by law, the landlord cannot make any offset and must return the entire deposit. However, the landlord could still file an action for damages, if appropriate.
Florida law urges landlords and tenants to resolve security deposit disputes informally wherever possible. If the matter does go to court, the prevailing party can generally recover attorney’s fees and costs from the other party as part of the judgment. Alhalel Law provides practical advice and effective representation at any stage of a security deposit dispute.
Eviction Proceedings
Eviction proceedings can be instituted based on a number of reasons, including after written notice that the tenancy is terminated, at the end of a lease, for a lease violation, because of unpaid rent, or due to illegal activity on the premises.
In the case of late rent, Florida law requires the landlord to provide the tenant with a three-day notice (excluding weekends and holidays) to pay rent or quit the premises. For lease violations, the landlord is required to provide a seven-day notice period to correct the violations or face eviction. In some cases, the landlord can give the tenant an unconditional notice to quit the premises within seven days, without giving the tenant the opportunity to cure any defect. This unconditional notice is authorized in cases involving repeated lease violations, the intentional destruction of property, or creating unreasonable disturbances.
Evictions can also be instituted for no cause at the end of the lease term. If the lease is for a fixed term and the lease agreement does not contain any notice requirements, then no notice is required. If the tenancy is month-to-month, then the tenant must be allowed 15 days to quit the premises before an eviction can be started.
Eviction is a judicial process. Landlords cannot simply lock out a tenant or remove their belongings. The eviction process involves serving a summons and complaint on the tenant, an answer from the tenant (or a default judgment if no answer), a hearing in court, and a decision from the judge. Evictions are carried out by the sheriff once judgment has been entered by the court ordering the eviction.
Alhalel Law provides smart, effective advice and representation to landlords and tenants in Miami-Dade and Broward County eviction cases.
Premises Liability
Landlords are responsible to provide a reasonably safe premises. This duty includes making reasonable, periodic inspections of the property and promptly making safe any discovered dangers or putting up an appropriate warning of the hazard. This duty can also include providing appropriate security measures such as working locks and adequate lighting. Landlords can be liable for injuries such as a slip and fall, trip and fall, or assault that occurs because the landlord did not provide a reasonably safe premises.
Tenants for their part must pay reasonable attention to their surroundings to avoid unsafe conditions that are open and obvious. Tenants whose own negligence contributed to an injury can have any monetary award they receive in a lawsuit or insurance claim reduced proportionately.
Legal Help for Landlords and Tenants in Miami
Florida’s landlord/tenant statutes are specific and technical, and Florida courts interpret them strictly. Any mistakes can be costly and ruinous to your case. For this reason alone, an experienced landlord-tenant lawyer can make all the difference in your case. For skilled and knowledgeable representation in your Miami landlord-tenant matter, call Alhalel Law at 305-563-9060.
