Evictions
Eviction Process Under Florida Landlord Tenant Statutes
Eviction Process Under Florida Landlord Tenant Statutes
Evictions are governed by Chapter 83 of Florida’s Residential Landlord and Tenant Act. Every step in the eviction process, both before the eviction lawsuit is filed and after its completion, must be meticulously executed. If you are a landlord, one small misstep can derail and delay the entire eviction process. If you are a tenant, failing to timely file your legal defenses can have a drastic, negative impact. The eviction process follows roughly the following steps:
The main reason why landlords or property managers should hire an eviction lawyer is because lacking knowing of ins and outs of the Florida’s Landlord and Tenant law, and local court procedure, will stifle the eviction process. You need to hire a team of professional attorneys that are ready to help you at every step of the way in your eviction case. For every passing day that a problem tenant remains on the property, the landlord loses money in the form of lost rental income or lost property value. With that said, a lawyer who knows the intricacies of the legal eviction process can close an eviction case much faster than a non-attorney. Evict FL is a law firm that offers a highly specialized and systemized approach to eviction cases. Our attorneys have years of experience with Florida’s eviction and landlord/tenant laws. Our focus is on delivering decisive legal advocacy and professional representation at all times.
Our team of eviction lawyers prosecute eviction cases in every city and county in Florida, so no matter where you live, as long as your property is located in Florida, you will be able to work with us. Because our law firm processes evictions in bulk, we are able to offer affordable court representation. And, we are always willing to match our competitors’ rates. Evict FL will provide you with the expertise of vetted, bona-fide legal professionals that have the necessary experience in the practice of Florida’s Landlord and Tenant Law.
A tenant facing eviction should immediately contact an eviction lawyer. An eviction lawyer can help a tenant mitigate the potential losses stemming from eviction. Having an eviction judgment on your record can hamper your ability to rent in the future.
If a tenant is facing eviction, the tenant should immediately provide a copy of the applicable lease (if written) and case number to the lawyer. Based on the type of breach the landlord is alleging that the tenant committed, an eviction lawyer may be able to help stave off a final judgment of eviction. While the tenant remains in possession, however, the tenant should take care to deposit the rent, as it accrues, into the court’s registry.
There are several important reasons why landlords or property managers should retain an eviction lawyer rather than attempting to file an eviction lawsuit on their own.
First and foremost, if the rental property is owned by an entity or corporation, Florida law requires that such entity or corporation be represented by a lawyer, e.g., an eviction lawyer. Florida courts will not allow corporations or other legal entities to proceed with an eviction lawsuit without an eviction attorney. While a property manager or landlord may help prepare the documents necessary to file an eviction lawsuit, an eviction lawyer will ultimately be needed to prosecute the case.
Second, non-lawyers that attempt to file an eviction without an eviction lawyer will not be able to obtain a judgment as quickly as they would otherwise be able to with an eviction lawyer. Often times, landlords can win evictions (e.g., obtain a final judgment of eviction) much faster if there is a lawyer on board. This is especially true in situations where a tenant contests the eviction. In that situation, an eviction lawyer will be able to parse through the tenant’s response and formulate a legal argument that a non-lawyer would otherwise not be able to. Retaining an experienced eviction lawyer will facilitate a faster resolution of your case, potentially reducing lost rental-profit income during the pendency of the eviction.
Many non-attorneys unfamiliar with Florida’s eviction laws often run into trouble with Florida’s eviction notice requirements. These notice requirements can be found in Chapter 83 of the Florida statutes. An eviction lawyer will help assist a landlord or property manager in determining the correct type of notice that must be delivered to the tenant prior to filing the eviction. Generally, if the wrong notice is furnished to the tenant, the eviction must start over again, wasting valuable time and resources. Contacting an eviction lawyer will eliminate the likelihood of having the eviction dismissed, and will help speed up the tenant removal process.
Edelboim Lieberman Revah Oshinsky’s eviction attorneys file and defend evictions on behalf of Landlords, Property Managers, and tenants throughout the State of Florida.
If you need to evict a problem tenant, or need help defending against a wrongful eviction, speak to an eviction attorney at Evict FL today