Evictions are governed by Chapter 83 of Florida’s Residential Landlord and Tenant Act. The eviction process roughy follows the following steps:
The Tenant breaches the lease by either not paying rent or performing some act or omission that materially violates the rental agreement/lease.
The Landlord posts a 3 day notice, 7 day notice, or 15 day notice at the property, and the tenant must respond to the Landlord’s notice within 3, 7, or 15 days, depending on the type of breach of the lease.
If the Tenant does not respond to the notice, an eviction lawsuit may be initiated in the county court where the property is located. For example, if the property is located in Miami, the eviction lawyer must file the eviction in Miami-Dade county court. If the property is located in Palm Beach, the eviction lawyer should file the eviction in palm beach. If the eviction is for non-payment of rent, and the amount of rent due is over $15,000.00, the eviction lawsuit is filed in the circuit court where the property is located.
The Landlord or property manager then sends the eviction lawyer a copy of the 3 or 7 day notice and a copy of the lease (if written), and the lawyer files the eviction lawsuit.
After being served with the eviction summons, if the eviction is one for possession only, the Tenant will have 5 business days to answer the Complaint.
If the Tenant does not Answer the Complaint five business days after being served with the eviction summons, the Landlord can get a “default” from the clerk of court and subsequently, a final judgment.
If the eviction is uncontested, (e.g., the Tenant does not Answer or contest the eviction complaint), then the Landlord’s lawyer will proceed to get a Default Final judgment entered against the tenant.
If tenant is still on the property after judgment is entered against the Tenant, then the Landlord or eviction attorney must obtain a Writ of Possession to have the county Sheriff forcibly remove the tenant, if necessary.
Once the writ of possession is issued, the County Sheriff will coordinate a date and time with Landlord or Landlord’s agent to remove the Tenant, change the locks if necessary, and remove any of the Tenant’s personal belongings out unto the property line.
The time it takes to complete an eviction varies from 4 weeks to 6 weeks, depending on the county, judge, and sheriffs’ schedules, and depending on whether the eviction is contested.
Our Law Firm Concentrates its Practice on Evictions, Ejectments, Unlawful Detainers, and Landlord/Tenant Law.
We offer bulk pricing for Section 8 Evictions in Miami, Broward and Palm Beach counties
Assigned eviction lawyer will provide realistic estimates of eviction turn around time
We offer a money-back guarantee
A lawyer will personally manage your case from the filing of the complaint to final judgment of eviction.
Thousands of evictions processed
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Eviction split into 2 stages to maximize cost-efficiency
Law firm aggressively deals with tenants in eviction
Rapid tenant removal time and rush evictions
Evictions filed in every county in Florida
Assuming the notice period has elapsed, we will file your eviction same day of contact
Why should you should hire an Eviction Lawyer at Evict FL?
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.
What documents should a tenant facing eviction provide to the eviction lawyer?
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.
What are the advantages to retaining an eviction lawyer to evict my tenant?
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.