Telephone Consumer Protection Act (Florida)

The Telephone Consumer Protection Act (“TCPA”) is a federal law, 47 U.S.C. 227, that restricts debt collectors from telephone solicitations and the use of automated telephone equipment.  Automated telephone equipment can be defined as computer generated messages that are sent to the person owing the money.  Pursuant to the TCPA, debt collectors cannot call debtors houses from after 9 pm to before 8 am.  Each violation of the TCPA can lead to a fine of up to $1,500.00 per violation.  As this is a high fine, debt collectors are weary to violate the TCPA.

As a debtor, be sure to obtain the name, company and phone number of every debt collector as they are required to provide same to you.  If you believe that a debt collector is violating the TCPA, call the Law Office of Ryan S. Shipp, PLLC today @ (561) 699-0399 to protect your rights.  We are located in Lantana, Florida.

 

 

Deed in Lieu Florida

Deed in Lieu Florida? As a Florida homeowner, you may decide to complete a deed in lieu of foreclosure instead of engaging in a short sale, loan modification or any other loss mitigation option that may be available.  A deed in lieu of foreclosure is a recorded document in which the homeowner gives all of his/her interest in the property to the Bank to satisfy the mortgage instrument and to avoid a foreclosure on his/her record.

A deed in lieu of foreclosure can be beneficial for all parties as it is generally a quick process, further litigation costs are avoided, and the homeowner can essentially be relieved of the financial indebtedness from the mortgage.

In all Foreclosure matters, it is recommended that homeowners request that the Bank provide a waiver of deficiency judgment.  A deficiency judgment is the balance of the difference between the original amount of the mortgage/note and what the property is eventually sold for.  If there is a waiver of deficiency judgment, the homeowner will not be on the hook for that amount.

The deed in lieu of foreclosure, of course, must be approved by the Bank, but it is a valid option for homeowners to avoid the foreclosure process.

Are you in foreclosure with your Florida home? Do you need foreclosure defense? The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your foreclosure needs. Call us today @ (561) 699-0399 to set-up an appointment to visit our Lantana, Florida office location for your free 20-minute consultation.  @ #shipplaw, #shipphappens

Florida Landlord Change Locks on Tenant? (Self-Help)

Florida Landlord Change Locks on Tenant?

A question we always seem to get asked is can a Florida Landlord resolve ongoing matters with a terrible Tenant by taking matters into his/her own hands without use of the Court system? The answer is NO.

Pursuant to Section 83.67, of the Florida Statutes, Florida Law prevents a Landlord to force a Tenant out by:
Shutting off the utilities or interrupting service, even if that service is under the control of the Landlord or the Landlord makes the payment; Changing the locks or using a device that denies the Tenant access; Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement); and/or Removing the Tenant’s personal property from the dwelling unless the action is taken after the surrender, abandonment, or recovery of possession of the dwelling unit due to the death of the last remaining Tenant in accordance with section 83.59(3)(d), or after lawful eviction.

If any of the aforementioned occur, the Tenant may sue for actual and consequential damages or three (3) months’ rent, whichever is greater, plus court costs and attorney’s fees.  Therefore, Florida Landlords need to be careful and it is recommended seeking competent legal help.  If you’re a Landlord or Tenant experiencing a Self-Help issue, The Law Office of Ryan S. Shipp, PLLC is here to assist.  We represent both Landlords and Tenants.  Call us today @ (561) 699-0399 to set-up your free consultation at our Lantana, Florida office location.

Valid 3 Day Notice

Three Day Notice
Three Day Notice

The first step in evicting a Florida Residential Tenant is to properly post/serve/mail a valid 3-Day Notice.  Per Florida Statute 83.56(3), the 3-Day Notice is a demand for payment of past due rent or for possession of the property.

The 3-Day Notice must contain a statement declaring the amount indebted to the Landlord, the address of the property and demanding payment or possession.  The delivery of the written 3-Day Notice is by mail, hand-delivery or posting on the premises if the Tenant is not there.

This 3-Day Notice is the first step before the Landlord can file its Florida eviction complaint.  This notice can be termed a notice of eviction prior to the filing in local County Court.  If the 3-Day Notice does not contain the amount indebted to the Landlord for use and possession of the property or contain the property address, the Tenant will have a defense, but must comply with Florida Statute 83.60(2).

Per 83.60(2), in an action by the landlord for possession of a dwelling unit, if the tenant interposes any defense other than payment, including, but not limited to, the defense of a defective 3-day notice, the tenant shall pay into the registry of the court the accrued rent as alleged in the complaint or as determined by the court and the rent that accrues during the pendency of the proceeding, when due.

If the 3-Day Notice is defective, the Landlord must reserve/repost a valid 3-Day Notice to move forward, but it will not be grounds for dismissal of the action.

Do you need assistance with preparing or serving a 3-Day Notice? Have you been served with a 3-Day NoticeThe Law Office of Ryan S. Shipp, PLLC and its experienced team of Eviction Attorneys are here to help you with all of your Landlord-Tenant and Eviction needs. Call us today @ (561) 699-0399 to set-up an appointment to visit our Lantana, Florida office location.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

Lantana Florida Attorneys

RSS_Logo6The Law Office of Ryan S. Shipp, PLLC, located at 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462, offers a wealth of experience and skill in the areas of real estate law, landlord-tenant law and other complex legal issues. Founding Attorney Ryan S. Shipp has successfully represented numerous individuals, families and businesses in both commercial and residential landlord-tenant disputes, evictions, unlawful detainers, ejectments, replevins, collections matters, foreclosure actions, contractual disputes, and other legal related matters.

Whether you are anticipating or involved in a real estate legal dispute, forming a business, negotiating a contract or need to have your will drafted, make solid legal counsel one of your greatest assets. Attorney Shipp is dedicated to providing his extensive legal knowledge to help you understand your options and achieve your goals. We are your Lantana Florida Attorneys.

Call us today @ (561) 699-0399 to set-up your free 20 minute consultation.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

Casualty Damage Florida Rental Property

Pursuant to Florida Statute 83.63, if the premises are damaged or destroyed other than by the wrongful or negligent acts of the Tenant, the Tenant may terminate the rental agreement and immediately vacate the premises.  The use and enjoyment of the premises by the Tenant must be substantially impaired otherwise the Tenant may not vacate or terminate their Florida rental agreement.

Further, if part of the premises is deemed unusable, the Tenant may vacate that portion of the premises and the Tenant’s liability for rent shall be reduced by the fair rental value of the part of the premises that is damaged or destroyed.

This is an important distinction because if the premises are fully destroyed, the Tenant can terminate the rental agreement and vacate; however, if part of the property is destroyed and the other part is suitable for enjoyment and habitation, the Tenant can reduce his/her monthly rental payment by the fair rental value of that portion that is unused.  This can be a tricky calculation but a Tenant should only pay for the property they can use.

Is your leased property suffering from casualty damage? The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your Landlord-Tenant needs. Call us today @ (561) 699-0399 to set-up an appointment to visit our Lantana, Florida office location.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

Florida’s Court Registry. What is it?

UnknownIn many Florida Eviction cases, the Court will require the Tenant to deposit a determined amount into the Court’s Registry.  The Court’s Registry can be looked at as an escrow account, which will keep the contested money in a safe account until the conclusion of the pending Eviction.

Pursuant to Florida Statute 83.60(2), in an action for possession filed by the Landlord, if the Tenant states a defense other than payment, including a defective Three Day Notice, the Tenant shall pay the accrued rent as determined by the Complaint or a determined amount set by the Court into the Court’s Registry.  Remember, most clerks will require you to have the case number and a written response before accepting your payment.   If the Tenant fails to deposit the money into the Court’s Registry or fails to file a Motion to Determine Rent, this constitutes an absolute waiver of the Tenant’s defenses other than a defense of payment.  The Landlord will then be entitled to an immediate Default Judgment for removal of the Tenant.

Is your Landlord requesting an absurd amount of alleged past due rent? As a Tenant, renter have rights too! The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your Landlord-Tenant needs. Being Evicted?  Call us today @ (561) 699-0399 to set-up an appointment to visit our Lantana, Florida office location.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

Boynton Beach FL Tenant Attorney

Boynton Beach FL Tenant Attorney

Tenant(s) Rights Representation in Boynton Beach, Florida

Is your Landlord Evicting you?
Is your Landlord Evicting you without proper Court procedures?
Is your Landlord discriminating against you?
Is your Landlord refusing to make necessary repairs?
Is your Landlord not fulfilling his/her promises?
Is your Landlord refusing to return your security deposit?
Has your Landlord shut off your utilities or retaliating against you?
Have you been injured or made ill?
Has your property been damaged?

In a perfect world, a Tenant wouldn’t deal with any of these aggravating issues.  However, we don’t live in a perfect world.  When you have issues and are in a bind, we have solutions. Renter(s) have rights too!  The Law Office of Ryan S. Shipp, PLLC is here to help. We are Boynton Beach Eviction Lawyers.  Call us @ (561) 699-0399 to set-up your free consultation at our Lantana, Florida office location.

What Happens if a Florida Landlord Accepts Rent or Partial Rent after Delivery of a 3 Day Notice?

Pursuant to Florida Statute 83.56(5)(a), if a Landlord accepts rent with actual knowledge of the Tenant’s noncompliance, the Landlord waives his/her right to terminate the rental agreement or to bring an action for that noncompliance.  However, a Landlord does not waive his/her right to terminate the rental agreement if the Tenant pays partial rent for that period.

The distinction between full rent and partial rent is important as it can dictate if the Landlord can terminate the rental agreement.  If partial rent is accepted after the delivery of a 3 Day Eviction Notice or Eviction Notice Letter, the Landlord must provide the Tenant with a receipt stating the date and amount received and the agreed upon date and balance of rent due before the filing of an action for possession; place the partial amount of rent accepted into the Court’s Registry upon filing the action for possession; or post a new 3 Day Notice reflecting the amount of money now due and owing.

The receipt of partial rent can be helpful in a situation where the Tenant does not have the full amount of money but will have it at a later date.  It is up to the Landlord to decide if he/she will accept partial rent as the 3 Day Notice specifically states that the Tenant must remit a determined amount or vacate the premises.

With the help of an attorney, you, as the Landlord or Tenant, can decide the best course of action to save the most money and handle this matter expeditiously. The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your Landlord-Tenant needs.  We are Evictions Lawyers. We assist both Landlord and Tenants in Eviction matters throughout the state of Florida.  Call us today @ (561) 699-0399 to set-up an appointment to come and visit our Lantana, Florida office location.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

Can a Florida Landlord Retaliate after a Tenant Complains to the Landlord for Issues with the Leased Property?

Pursuant to Florida Statute 83.64, a Florida Landlord cannot discriminatorily increase a Tenant’s rental payment or decrease services provided to the Tenant if the Tenant has complained to a governmental agency, such as code enforcement, the Tenant has complained to the Landlord regarding issues with the property, the Tenant is a member of a Tenant organization, the Tenant is a service member and is terminating the rental agreement because of a deployment or other military circumstance, the Tenant has paid assessments to the condominium or homeowner association after demand to pay the delinquent assessments or the Tenant has exercised his/her rights under federal, local or state housing laws.

The defense of retaliatory conduct must be made in good faith otherwise the defense will not stand. Further, the retaliatory defense will fail if the Landlord proves that the eviction is for good cause.  Examples of good cause are nonpayment of rent, violation of the rental agreement or violation of the terms of Florida Statute Chapter 83.

Is your Landlord retaliating against you? The Law Office of Ryan S. Shipp, PLLC is here to help you with all of your Landlord-Tenant needs. Call us today @ (561) 699-0399 to set-up an appointment to visit our Lantana, Florida office location.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes
 
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