Evictions

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What reasons does a landlord have to start an eviction?

The most common reason to file an eviction is a tenant’s failure to pay rent as it comes due. A landlord may also file an eviction if some other obligation of the lease has been broken. Your lease and the Florida Statutes govern how different types of eviction actions will occur, and what types of notices must be given to a tenant.[/vc_column_text][us_separator height=”40px” size=”custom”][vc_column_text]

How do I begin an eviction?

Every eviction begins with a notice to the tenant that either demands rent from them, or tells them what violation of the lease has occurred. Usually, these notices give the tenant an opportunity to cure the default before the eviction is allowed to proceed. Different types of notices are used for different types of defaults, and they must include very specific language. We recommend that you consult with an attorney to ensure that this pivotal first step, and the rest of the eviction process, is done correctly.[/vc_column_text][us_separator height=”40px” size=”custom”][vc_column_text]

How long does an eviction take?

An uncontested eviction usually takes about four weeks to complete. This assumes that the tenant does not raise any defenses. Some counties require a final hearing, even for uncontested evictions, and in those counties the process can take a little bit longer. If the tenant moves out of the property after a final judgment is rendered, and no writ of possession needs to be issued, the process will take about three weeks.[/vc_column_text][/vc_column_inner][vc_column_inner width=”1/2″][vc_column_text]

Do I need an attorney to file an eviction?

The eviction process in Florida is highly regimented, and is governed by statutory and contractual law. While a landlord is permitted to file an eviction action, and prosecute the action on their own behalf, the presence of an attorney will ensure that all procedural steps are correctly taken, and the eviction moves forward as smoothly as possible. If you choose to file an eviction action yourself, the Clerk of the Court may be able to provide you with documents to help you through the process.[/vc_column_text][us_separator height=”40px” size=”custom”][vc_column_text]

What defenses does a tenant have to an eviction?

The Florida Statutes and case law allow certain defenses to be raised by tenants, but only if they pay any rent that is alleged to be owed into the court’s registry (bank account). Further, one of the most common defenses raised by tenants (a claim that the landlord failed to maintain the premises) can only be raised if certain procedures are followed. We can assist in responding to and defeating any defenses that are raised, and ensure that your eviction proceeds as quickly as possible.[/vc_column_text][us_separator height=”40px” size=”custom”][vc_column_text]

Who will pay my attorney’s fees?

The Florida Statutes allow the party who wins an eviction action to recover their attorney’s fees from the losing party. That being said, if the reason that a landlord files for eviction is non-payment of rent, the likelihood of collecting on a judgment for attorney’s fees may be slim. We analyze the odds of collection on a case-by-case basis, and advise clients as to whether it makes sense to try to collect.[/vc_column_text][/vc_column_inner][vc_column_text]

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