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The relationship between a landlord and a tenant
can quickly become adversarial, particularly when a party violates the
terms of a lease agreement. If you are a landlord or tenant, requiring
legal support to resolve a matter we can help. McCarville Law, P.A.
provides representation in all matters of landlord tenant law. We
represent both commercial and residential landlords and tenants.
Representation of Landlords:
At McCarville, P.L. we recognize
the challenges landlords face in legal matters and aggressively
represent them, at the same time providing practical and
cost-effective advice.
Landlords seeking legal representation with
tenant disputes and eviction proceedings need an attorney who is
knowledgeable about Florida landlord tenant laws including:
- Evictions
- Rent non-payment issues
- Physical damages to rental unit or building
- Nuisances
- And breach of covenants such as lease subletting
restrictions.
Landlord-tenant litigation is procedurally
intensive but designed to be completed very quickly. Missteps can be
costly and force litigants to start the process over again. Landlords
are not advised to represent themselves they need reliable and
accurate legal advice about how to approach these matters.
Tenant Evictions:
When a landlord initiates an eviction proceeding to recover the
property, the landlord needs to be proactive in establishing legal
just cause for the eviction, planning for unlawful detainer litigation
and assuring that all tenants' rights and protections have been
afforded. We offer reasonable fees for certain types of eviction
lawsuits, including those involving the nonpayment of rent. We will
strive to give the most effective and practical advice in order to
resolve your situation.
In order to file your eviction, we will require
a copy of a legally valid three (3) day notice and a copy of your
Lease. If you need a three day notice, we can prepare it for you and
we will include the cost of the preparing the notice in the price of
the eviction. Evictions typically take four to six weeks when the
eviction is uncontested. In addition to filing for eviction, we can
assist the Landlord in obtaining a monetary judgment against the
Tenant for unpaid rent. For more information or to schedule an
appointment with an attorney please contact us.
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Representation of Tenants:
Property owners in the business of providing residential rental
housing should strive to meet high standards in maintaining their
property and professionally interacting with their tenants. Florida
Laws provide tenants with rights and protections. At McCarville Law, P.L. we will protect those rights.
Landlords in Violation of Tenant's Rights
McCarville Law. P.A. represents tenants in cases related to:
- Property conditions
- Wrongful evictions
- Refund of rental deposits.
We can also represent you in dealing and
negotiating with your current or prospective landlord and / or other
tenants in the same building or community.
Refund of Security Deposits:
In most leases a security deposit is required and is designed for two
purposes:
First) Is to ensure that the tenant will pay rent.
Second) To protect against any damage done to the property, other than
normal wear and tear, during the rental period. Normal wear and tear
is usually considered to include such things as faded paint and normal
tread marks on carpeting. Damage to a rental property, something for
which the tenant is usually liable, and may include such things as
broken windows, holes in walls, and broken or missing blinds and
curtains. Landlords are only entitled to keep the portion of the
security deposit that is considered reasonable for making the required
repairs. If no damage occurs a tenant is generally entitled to have
his entire security deposit returned. If the landlord chooses to
assert a claim against the tenant's security deposit proper notice to
the tenant must be made. Both the landlord and tenant have certain
steps that must be followed to either retain or to have the deposit
returned. Our firm is familiar with this process and can provide much
needed assistance in resolving security deposit disputes.
Evictions Defense:
When a landlord initiates an eviction proceeding to recover the
property, the landlord needs to be proactive in establishing legal
just cause for the eviction, planning for unlawful detainer litigation
and assuring that all tenants' rights and protections have been
afforded. If you do not pay the rent or you do not move when asked to
by the landlord, your landlord cannot change the locks, turn off the
utilities, or do anything else which forces you to move out This is
called an illegal eviction or a "prohibited practice" and is
a violation of the Landlord/Tenant Act. It can make your landlord
liable to you for three times your rent, or actual damages, whichever
is higher, and attorney's fees and costs. Each time the landlord
commits a prohibited act, it is a separate violation. If your landlord
does any of these prohibited acts, you should contact us immediately
in inquire about obtaining an injunction to order the landlord to turn
on the utilities or let you back in the apartment. If you do not want
to move back in but want to sue for damages, you can file a lawsuit
for damages incurred.
Landlord in Foreclosure?
In some foreclosure cases, the tenant has the opportunity to raise
some of the same defenses that the landlord could raise in defending a
foreclosure. That means that a properly-prepared tenant who is highly
motivated to stay in their home could extend or even defeat the
foreclosure, or create enough leverage that the foreclosing plaintiff
agrees to let them stay on, even after the foreclosure occurs. You may
have options. There is no one-size-fits-all solution to each tenant.
For some tenants, a landlord's foreclosure could be an opportunity to
get out early from a lease. Sometimes this opens the door for tenants
and their landlords to negotiate and reach a new understanding about
their rental situation. Sometimes, that's not possible. Needless to
say foreclosure is disruptive for a tenant but there may be a solution
you are not yet aware of.
We offer reasonable fees and strive to give the most effective
and practical advice in order to resolve your situation quickly. For
more information or to schedule an appointment with an attorney please
contact us.
Other Services:
- Lease formation / negotiations
- Contract drafting
- Tenant pre-mature lease termination / and work-outs
- Any other Landlord Tenant issues you or your company may have.
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