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 an eviction against a residential or commercial tenant, or defending against an eviction lawsuit, call 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 every step of the way to ultimate success.

For our landlords and property management clients, we offer no-hassle, rush eviction services. 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.

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 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 is served upon the Tenant(s) by a certified and licensed Florida process server or the County Sheriff. If the eviction lawsuit only seeks relief in the form of possession only (not money damages), then under Florida law, the Tenants have 5 business days from the date the tenant(s) is/are served with the Complaint and Summons to file a response, known as an “Answer” with the clerk of the Court and/or 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.

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 Tenant. Florida law draws several clear distinctions between residential and commercial evictions, the latter being more complicated and often more likely to be litigated. One of the most common ways a a tenant might breach a lease is by refusing to pay rent or failing to pay rent or other charges due under the Lease. Commercial landlords need to be cognizant about how 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 an 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.