Landlord / Tenant Lease Agreement issues in Key West and the Florida Keys: What about the tenant’s security deposit?

Oftentimes, I have both landlords and tenants that contact me regarding the security deposit associated with a residential lease contract. At first blush, a landlord may think that he or she can simply keep the tenant’s security deposit if the tenant vacated the premises without paying the final month of rent or damages the premises. I mean, after all, it seems fair and equitable right? Wrong!

Estate Planning: Do I need a Will or a Trust? Can’t I just get one online?

A common misconception exists that you can hand-write a Will…that it’s a simple as typing out your wishes on your computer, or jotting down a few notes on a cocktail napkin. In addition, various websites and retailers sell one-size-fit-all Will kits. There are many dangers that lurk in the easy and quick solution.

DUI or other criminal charge in Key West while on vacation?

Key West offers visitors the benefits of wonderful restaurants, great fishing and the opportunity to let your hair down and party. However, there are times where the celebration goes too far and you are arrested and charged with a crime. Or, you could’ve been in the wrong place at the wrong time, and simply a victim of circumstance. You’re far away from home…what now?!

Divorce and Division of Assets in the Current Economy

In terms of division of assets, divorce is no longer what it used to be. Until the last few years, spouses would argue and fight in court in an attempt to secure ownership of the marital home. However, in light of the current economy, there are certain assets that are dangerous to retain.

The Dangers of Representing Yourself in Traffic Court

I attended traffic court this afternoon in front of a county court judge in the Keys. While I was waiting for my case to be called, an individual appeared before the judge pro se. “Pro se” means that he was representing himself without an attorney. Ordinarily, this can be fairly harmless in traffic court, but there are certain circumstances where it is worth the financial commitment to hire an attorney.

Foreclosure Defense – One Step Forward, Two Steps Back

In Florida, the current rate of unemployment is hovering at approximately 12 %. As you know millions of homeowners are losing their homes due to, among other things, the nature of economy. Although banks are touting that they have recovered from the recession, that does not mean that they are lending like they were during the housing boom, or even open to refinancing. In addition, unless a homeowner meets certain criteria put in place by the U.S. Government, banks are refusing to modify mortgage on their own accord. This has created a perfect storm for the unprecedented rate of foreclosures throughout the country; specifically South Florida.

The Anatomy of a Traffic Ticket: From Start to Finish

You have just been pulled over and couldn't talk your way out of a traffic ticket! What now? How does the process start you wonder? Well, there are special rules that govern the practice and procedure in any traffic case and specifically apply to practice and procedure in county courts and before civil traffic infraction hearing officers. Anytime an individual has been issued a traffic ticket he or she has three options.

Credit Card Debt Settlement- What Happens Behind the Scenes ?

Hutchison & Tubiana have represented several individuals in their efforts to effectively negotiate credit card debt. Many credit cards were settled for a fraction of the balance. Our effective strategies have been utilized to save our client’s thousands of dollars. However, it remains a mystery as to why different creditors will settle the same type of consumer debt for different amounts.

Not-Guilty Verdict in Criminal DUI Jury Trial

On September 23, 2010, a local Monroe County man was acquitted from one count of Driving under the Influence, commonly referred to as DUI. The offense of DUI is a charged as a violation of Florida Statute, 316.193. David Hutchison and Vincent Tubiana successfully argued during trial that the Defendant was not impaired from drugs or alcohol while he driving home with a passenger from dinner at a friend’s home.