The Law Offices of Nicholas Felzen, P.A. has seen all types of real estate escrow disputes and handle them from contract review to negotiation and if required, to litigation. Some of the most common reasons to seek counsel regarding escrow disputes are listed as follows:

a) Buyer is denied financing and then fails to notify the Seller in the time permitted by the Contract;

b) Condominium or Homeowner’s Association rejects the Buyer;

c) After inspections, Buyer finds issues with the property and decides to cancel the contract;

d) Either the Buyer or the Seller misunderstands his or her rights and/or obligations under the contract.

The Law Offices of Nicholas Felzen, P.A. has a wealth of experience with the Eviction process and has helped many Miami landlords with their eviction and tenant problems. Florida Statutes Chapter 83 governs landlord/tenant matters and the eviction process, specifically, Florida Statutes 83.40-83.682 govern Residential Tenancies. Essentially, the residential eviction process can be summarized as follows:

First, the landlord posts a three day notice on the tenant's door. The tenant then has three business days to pay the rent in full or leave the property. If the tenant fails to pay the past due rent and remains on the property after the three days expire, we then file a Complaint for Eviction with the Court and serve the tenant with a copy. The tenant has five business days from the date of being served with the Complaint and Summons for Eviction to file an Answer with the Court. If the tenant fails to file any paper with the Court, we file a Default and Final Judgment package.

We also have experience with Commercial nonresidential tenancies and evictions that are governed by Florida Statutes 83.001-83.251.

We also have helped many landlords and tenants impose claims on Security Deposits. Upon the Tenant’s vacating of the premises after the natural expiration of the lease, if the Landlord intends to impose a claim on the Security Deposit, the Landlord shall have 30 days to give the Tenant written Notice by certified mail to the Tenant’s last known mailing address noticing the Tenant of the Landlord’s intention to impose a claim on the deposit. Per Florida Statute 83.49, the Tenant then has to send the Landlord the Tenant’s written objection within 15 days from the time that the Tenant receives the Landlord’s Notice to impose a claim on the security deposit. We recommend that all of these Notice(s) and objections be sent by certified mail. Please refer to our web site: www.miamievictionattorney.com for further information on Landlord/Tenant issues.

We have negotiated commercial leases for restaurant tenants, office tenants and commercial landlords. We have extensive experience drafting and negotiating tailor made commercial leases from scratch as well as after the client has already negotiated the Letter of Intent. We strive to work diligently and communicate every term and condition with the Client so that the Client has a full understanding of the process and so that the substantial majority of the Client’s goals and intentions are met in the commercial lease. For prospective Tenants, we try to explain and try to negotiate the additional rent so that the Tenant has a better understanding and a better estimate of what the additional rent figure may be. Of course, it is extremely difficult to get an exact estimate but from a Tenant's point of view, the closer one gets that estimate to the actual cost, the better. We also try to negotiate a Good Guy Clause or Limited Guaranty for Tenant Clients so that their exposure is mitigated. Also, we will make sure that the Landlord is charging the right sales tax on the Commercial lease as we keep tabs on the legislature's recent changes that starting on Jan. 1, 2020, will reduce the tax on Commercial leases. (note: Governor Ron DeSantis signed a law that will reduce the tax on Commercial leases to 5.5% from 5.7% and this reduction will become effective on Jan. 1, 2020). Please note however, that the Miami-Dade County Surtax will remain at 1%. In addition to Commercial Lease negotiations, we also help Miami real estate brokers with collecting their Broker's commission by applying the Florida Statute 475.803 Broker's lien for leasing commission statute.

Florida Statute 83.49 governs the way in which a Landlord may impose a claim on the security deposit. Upon the Tenant’s vacating of the premises for termination of the lease, if the Landlord intends to impose a claim on the Security Deposit, the Landlord has 30 days to give the Tenant written Notice by certified mail to the Tenant’s last known mailing address notifying the Tenant of the Landlord’s intention to impose a claim on the deposit. Cases can be won or lost based on photos and other evidence that show the condition of the property upon the lease commencement and lease maturity dates. So always take photos of the unit at the lease commencement and lease maturity dates. Florida Statute 83.49 provides attorney's fees and court costs to the prevailing party for Security Deposit cases that end up in Court. This law helps provide Tenants the ability to file a case against the landlord without being overly concerned about how to recover fees and costs. So if you are a Miami tenant and you believe that your security deposit was wrongfully withheld and you want to discuss your Miami security deposit dispute, please call us for a consultation so that we can try to help you recover your security deposit. Please see our web site about security deposits at: www.miamisecuritydepositattorney.com If you are a Landlord, please call our office to make sure that you fully comply with Florida Statute 83.49.

We understand that the last several years have been financially unkind to many homeowners and we try to help homeowners defend their foreclosure cases in efforts to mitigate their financial damages. For example, we work with homeowners and help the clients defend their mortgage foreclosure cases in efforts to give the clients a chance to negotiate a short sale or mortgage modification with the Bank. Some clients that have been denied a mortgage modification and/or short sale have found great value in agreeing to a final judgment of foreclosure for the Bank’s promise to waive the deficiency and/or have requested the Bank to accept a Deed in Lieu of Foreclosure. In addition, our office also has experience helping clients apply for mortgage modifications. We even try to help homeowners after the foreclosure sale has already been scheduled (but not yet conducted) if the homeowner client provides our office with a fully executed short sale contract that our office can submit as an exhibit to our motion to cancel the scheduled sale date.

Whether it be settling the matter or taking a case the whole distance, here at the Law Offices of Nicholas Felzen, P.A., the Client's best interest always comes first. Furthermore, the Client is always kept well informed of all aspects and stages of the case. We have handled Breach of Contract disputes for individuals and businesses. We usually try to resolve the dispute via pre-litigation strategies and if that does not resolve the matter, we litigate the case and strive to zealously represent our clients.

We have handled the following types of family law cases: Uncontested Divorces, Uncontested Paternity Actions and Prenuptial Agreements and have experience drafting marital settlement agreements which we review alongside the Client to make sure he/she understands this important document.

We have experience handling the following types of business law matters: Business Formation Purchase/Sale Agreements, UCC-1s, Operating Agreements, Shareholders Agreements and Bylaws. We also help our business clients with Contract drafting & negotiating and litigation matters.

We have experience in helping families organize the estate planning of their real property by using an instrument called a Ladybird Deed (also known as an enhanced life estate deed). Ladybird Deeds enable property owners to maintain control of the property and avoid probate regarding said property. In the Ladybird Deed, the owner retains a life estate in the property and names a beneficiary to receive the property upon the death of the owner. The beneficiary receives the property only if the owner still owns it at the time of owner's death. The property also receives a step-up in basis at the owner's death which is extremely beneficial for income tax purposes.

When a person or company places a bid on a foreclosure sale and wins the bidding auction, that person receives a Certificate of Title. If any occupants still remain on the property after the Certificate of Title is issued, we help the new owner comply with the 30 day notice required by Florida Statute 83.561 and with the Motion for Writ of Possession & Writ of Possession so that the new Owner can have the occupants legally removed from the property.

We help homeowners try to remove liens that they reasonably believe are frivolous or illegitimate. We do this by drafting and recording a document called a Notice of Contest of Lien. It essentially shortens the time in which the Contractor may sue on a Claim of Lien from 1 year from the date of recording the Claim of Lien to 60 days from recording the Notice of Contest of Lien. Notice of Contest of Liens can be very useful instruments when homeowners want to sell or refinance their homes and therefore have to clear title issues before the sale and/or refinance.