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Philippe Revah2021-07-27 21:01:322021-07-27 21:04:39Florida Law Governing Tenant Security Deposits
AWARDS & AFFILIATIONS
Eviction Lawyer
Florida Eviction Law Firm.
Evictions, Ejectments, & Unlawful Detainer Actions
Eviction Attorney
Landlord Tenant Eviction Attorneys. Over 45 Years of Experience.
STATE-WIDE: Our eviction lawyers prosecute and defend evictions on behalf of landlords, property managers, and tenants throughout the entire State of Florida.
The eviction law firm of Edelboim Lieberman Revah & Oshinsky PLLC focuses a large part of its law practice on Landlord Tenant litigation. If you are a landlord, property manager, or tenant and you need help prosecuting or defending against an eviction, residential or commercial, call the experienced eviction attorneys at Edelboim Lieberman Revah Oshinsky today and speak with a Florida eviction lawyer. Our attorneys are passionate about providing the highest caliber legal representation in all landlord tenant matters. The eviction attorneys at Edelboim Lieberman Revah Oshinsky will work with you on your Landlord Tenant issue towards success.
For our landlords and property management clients, we offer no-hassle, rush eviction services on a flat fee. For prospective tenant clients, we offer speedy and creative solutions to tenant eviction defense litigation. Evictions are “summary procedure” causes of action and time is of the essence. If you are facing or filing an eviction, speak with an eviction lawyer at our law firm today and receive a free consultation. Explore our Homepage or Contact page for more information.
Florida Eviction Attorneys
Tenant Eviction Process
First, a Complaint for eviction with the Lease (if its a written lease) and applicable eviction Notice (3 day, 7 day, or 15/30 day notice) is filed with the Clerk of Court in the county where the property is located. Once the complaint (e.g., lawsuit) for eviction is filed, the complaint along with an eviction summons (summoning the Defendant to Court) is served upon the Tenant(s) by a certified and licensed Florida process server or by the County Sheriff. If the eviction lawsuit only seeks relief in the form of possession of property (and not money damages), then under Florida law, the Tenant has 5 business days from the date the tenant is served with the Complaint and Summons to file a response, known as an “Answer” with the clerk of the Court and/or, if the eviction is for non-payment, deposit the alleged unpaid rent due into the Court Registry. If the tenant fails to file a response to the eviction, then the Landlord or Landlord’s lawyer will file a motion for a clerk’s default, and subsequently, a motion for default final judgment. If the Tenant does file an answer to the complaint/summons, and does deposit the alleged unpaid rent due with the Clerk of Court, which only occurs in a very small number of cases in attorneys’ experience, then Attorneys will either file a motion to strike the tenant’s response for one of several legal reasons, or the eviction case is set by the Judge for a final hearing or possibly mediation.
An eviction attorney at our law firm will be assigned to your case, and will then proceed to defeat the Tenant at the hearing and seek a final judgment for eviction from the Court. The Final Judgment gives legal possession of the rental property back to the landlord. After the final judgment of eviction is entered by the Judge, the Clerk of Court issues a Writ of Possession. Attorneys’ goal is that attorneys will get the final judgment entered and writ of possession issued within 3-4 weeks from the date of filing the Complaint for eviction. After the eviction attorney receives the issued Writ of Possession, the eviction attorney will deliver it to Sheriff along with Writ of Possession instructions for the client.
Attempting to defend or file an eviction on your own, without advice of legal counsel, is not advisable. A lack of knowledge concerning Florida’s Eviction laws could result in a judgment of eviction against you, if you are the tenant, or could compel you to refile your entire case, if you are the landlord. If you are seeking legal advice concerning filing an eviction against your tenant, or seeking legal advice defending an eviction get in touch with an experienced eviction lawyer at Edelboim Lieberman Revah Oshinsky PLLC.
Landlord Tenant Litigators
Serving State of Florida
Commercial and Residential Tenant Evictions
Commercial Evictions
You’ve rented out your warehouse, office, retail space, or other commercial property on the basis of an oral or written agreement. For one reason or another, the tenant breached the terms of the lease. You now need to consider evicting the Tenant. Florida law draws several clear distinctions between residential and commercial evictions, the latter being more complicated and often more likely to result in lengthy litigation. One of the most common ways a tenant might breach a lease is by refusing to pay rent or failing to pay other charges due under the Lease. Commercial landlords need to be cognizant that evictions are not self-help measures, and landlords cannot lock their tenants out without resorting to judicial process. Evictions have to be done according to the laws of the State where the property is located. Changing the locks or in anyway altering the property without first going through the judicial process may be result in the Landlord incurring substantial liability for illegal or wrongful eviction. Without a team of legal professionals to guide you along the way, you run the risk of wrongfully evicting your commercial tenant. Our eviction attorneys have litigated thousands of commercial evictions. Retaining an eviction lawyer with experience litigating commercial leases is critical to a landlord’s success in Court.
Attentiveness and Diligence are the hallmarks of an Experienced Eviction Lawyer
1. Get Legal Advice from a Tenant Eviction Attorney
Post a question, submit a form
send an email, or make a call
and get free legal advice.
2. File the Eviction Suit
Once hired, we will file your case the same day the contract is signed..
3. Evict Your Tenant
You’ve got nothing to worry about. We will keep you updated with your case and let you know as soon as results are delivered.
CONTACT OUR EVICTION LAW FIRM
Fill out the contact form to reach out to one of our eviction attorneys. Once you submit the completed form, the information submitted will be sent to an eviction lawyer at our firm, who will review it and get back to you via phone or email at the information provided.
Please be prepared to provide the responding eviction attorney with a copy of your lease, if any, a copy of any notices provided to the tenant, the details of your landlord tenant dispute, and copies of any relevant correspondence. We guarantee a 1-2 hour response time during normal business hours.
FREE CASE EVALUATION
Eviction Lawyer’s Blog
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Philippe Revah2021-07-27 21:01:322021-07-27 21:04:39Florida Law Governing Tenant Security Deposits
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Philippe Revah2021-07-27 20:50:192021-07-27 20:52:01Evictions-Can a Landlord in Florida have the Registry Rent Money Disbursed Prior to Obtaining an Eviction Judgment?
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Philippe Revah2021-03-13 21:49:522021-03-13 22:01:43Is the Eviction Moratorium Constitutional
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Philippe Revah2020-05-07 20:17:022021-03-13 21:58:36Evictions During Coronavirus
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Philippe Revah2019-07-15 16:19:292019-07-15 16:19:29Subleasing and Sublease Evictions in Florida
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Philippe Revah2018-10-03 05:06:052018-10-03 05:06:05Self Storage EvictionsLatest Testimonials
Phill is great. He really took the time to listen to me and assist me in my situation. Although it is still earlyin the process with him, his attention and courteousness has far outreached my expectations. I will write another review when the eviction of our tenants is complete., but so far he’s awesome!
Update 12/11/2017: After only four weeks (even with the Thanksgiving holidays) Everything is complete. Phillipe kept his word and really made things happen! I am so happy with his service! Don’t make the mistake of hiring anyone else! He communicates great with his clients and has excellent customer service skills.
I had a tenant in Broward county and tenant in Downtown Miami, and I needed to evict the Broward tenant, after they didn’t pay rent for 2 months. I also needed to evict the downtown miami tenant, because their lease expired and they refused to leave. I called this law firm and I spoke with Mr, Revah. Within 24 hours Mr. Revah files both evictions and we were successful in both cases. Mr. Revah’s law firm charge me a very reasonable fee for both cases. If I need to evict my tenants in the future, I would definitely use this law firm again.
I cannot believe the amazing advice we were given with a simple phone call. Do yourself a favor and if you have any questions on the eviction process make sure you give them a call. You will not be disappointed. Amazing customer service and friendliness. HIGHLY RECOMMEND.
Last year we had an issue with one of our tenants in Hialeah. Mr. Revah handled the process with ease and professionalism. Highly recommend!
Philippe is an extraordinary attorney, who goes above and beyond all expectations. He is very astute and can answer almost all real estate related questions. I highly recommend him!
Why Retain an Eviction Lawyer?
Evictions are time-sensitive lawsuits that require immediate attention. Without an eviction lawyer, a landlord runs the risk of unnecessarily prolonging an otherwise quick procedure. An eviction lawyer will help minimize the amount of time needed to evict a non-compliant, delinquent, or non-paying tenant.
Tenants should contact an eviction lawyer as soon as they receive paperwork from the court. Tenants must act quickly in filing a response to the eviction. Tenants who fail to file a response to the eviction within 5 business days of receiving a complaint for eviction run the serious risk of being dispossessed of the property.
Honors and Awards
How Much Does it Cost to Retain an Eviction Lawyer?
A knowledgeable and experience eviction attorney will usually charge a flat legal fee for default, uncontested eviction lawsuit. Of course, what that flat fee is depends, in the first instance, on the law firm. Having said that, evictions can be simple, speedy lawsuits or they can be very complex. For example, an eviction of a large corporate tenant, who has retained a law firm to defend against the suit will have a very different price structure than an eviction of single residential tenant for non payment of rent. The takeaway is that each case presents a unique set of circumstances which call for a different legal fee structure. The only element of the ‘cost’ of an eviction that remains virtually the same across the board are the costs of suit incurred by Landlord, such as court filing fees, process server fees, mailing fees, writ of possession fees and the like.
What paperwork does the Landlord need to provide to the eviction lawyer?
Florida’s eviction laws require landlords to provide their tenants with certain notices before filing for eviction. Generally, the type of notice a landlord must provide to a tenant before commencing eviction proceedings depends on the type of breach the tenant has committed. For residential and commercial tenancies, if the tenant(s) has failed to pay rent, the tenant(s) must be provided with a three day notice, unless the lease requires something different. For residential tenancies, if the tenant has breached the lease in some way other than non-payment of rent, and the violation of said lease is curable, then the tenant must be provided with a 7 day notice to cure. If the tenant’s breach is of a nature such that it cannot be cured, the tenant should be provided with a 7 day Notice of termination.
In all cases, the lease will usually govern the types of notices the landlord must provide prior to have the attorney file the eviction. Under Florida law, eviction notices are a precondition to filing suit. An eviction lawyer SHOULD first review the applicable lease, and fall back on Florida’s eviction laws to help paint a complete picture of your case and provide direction prior to filing the eviction
When contacting an eviction lawyer, the Landlord should have the following documents available for the lawyer’s review prior to filing the eviction: (1) Lease; (2) Applicable Notice; (3) Ledger.
Commercial Evictions vs Residential Evictions
Under Florida law, commercial evictions and residential evictions differ insofar as a different set of laws apply to nonresidential tenancies. Commercial evictions usually involve more sophisticated parties contracting for the use of the subject premises to for business purposes. Unlike in the residential context, a commercial landlord has statutory lien rights in the event of a default of the lease. This means that commercial landlords can foreclosure a lien on the tenant’s personal property in the event of an eviction to pay themselves off (if applicable) in the event of a monetary default under the lease.
Another key difference is Notice. At the conclusion of a commercial eviction, if the tenant refuses to vacate pursuant to the final judgment of eviction, the sheriff will execute a writ of possession. Unlike residential evictions, in the commercial context, the tenant is not entitled to a 24 hour notice prior to the Sheriff’s execution (removal) of the tenant from the rented premises. Moreover, in the commercial eviction context, the parties are more likely to alter the statutory notice periods. Notice is a condition precedent to filing the lawsuit for eviction. With commercial tenancies, the parties are more likely to alter the Notice periods required prior to filing suit for eviction.
Unlawful Detainer Actions vs Evictions
Unlawful detainer actions involve the removal of persons from real property. The sole issue in an unlawful detainer action is to determine which party has the superior right of present possession of the property. Unlawful detainer actions are commonly used to remove unwanted house guests who refuse to vacate, unruly family members, relatives, ex boyfriends or girlfriends.
The main difference between unlawful detainer actions and evictions is that evictions must involve a landlord tenant relationship between the person or entity filing the lawsuit and the person or entity being sued for possession of the property. Unlawful detainer actions should not be filed where there is a landlord tenant relationship between the opposing parties.