We also represent Sellers when selling real estate. We help review the HUD-1 Settlement to make sure the figures are correct, we draft the Seller's Documents, including the Warranty Deed and help the Seller cure any title defects on their property.
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.