Eviction Lawyer Melbourne FL
If you are trying to evict a tenant, but are unsure about how to go about it the right way, you should call a Melbourne, Florida eviction lawyer from the Law Offices of Arcadier, Biggie & Wood for further advice.
What a Landlord Should Do to Legally Evict a Tenant
As a landlord, there may be a broad range of reasons for why you would like to evict a tenant from the property. Each eviction lawyer in Melbourne FL from our firm has found that many of our clients wishing to evict a tenant would like to do so because of nonpayment of rent. Beyond this, children or pets may be damaging the property beyond the reasonable wear and tear. In some cases, the tenant is violating the lease or using the property for illegal purposes, such as drug dealing.
Whatever your reason may be for evicting a tenant, you cannot change the locks on the door and throw the tenants out on the the street. Doing so could actually cause you legal problems that you don’t want or need. Every state has its own tenant eviction laws that must be followed. If you do not, a lawsuit or criminal trespassing charges could burden your own life. This is where an eviction lawyer in Melbourne, FL can help.
Steps to Evicting a Tenant – Legally
The following are general steps to evict a tenant. If you’re unsure about following these steps, please call a Melbourne FL eviction lawyer.
Step One – Give a Written Notice
Before you evict a tenant you will need to give them a written notice of their termination. How you serve this will depend on the state you are in. For example, some states require you to hand it to the tenant in person; whereas, in others you can attach it to the door. An eviction lawyer can help you to learn about the laws relevant to your state during a consultation.
Step Two – Commence with a Lawsuit
If the written notice was not enough and the tenant is refusing to leave, your next step should be to file a complaint at the local court. Usually, the tenant will need to be served with a summons and a copy of the complaint.
Step Three – Go to Court
Most of these cases will involve you, a judge, and your Melbourne FL eviction lawyer. Some states do allow a jury trial, but this is typically not necessary. Generally, a judge will hear your reason for the eviction and any defenses by the tenants. If a judge rules in your favor, the tenants will be ordered to vacate the property. Should they still refuse, you can ask the authorities to remove the tenants as long as the requisite time to leave has passed.
Do You Actually Need a Melbourne FL Eviction Lawyer
Select states have created streamlined procedures that make the eviction proceedings as fast as possible. However, in some states the process is more complicated than it should be. In this case it may be a good idea to have an eviction lawyer on your side. By choosing to hire a lawyer, you can feel confident in knowing the right, legal steps will be taken
To speak with an eviction lawyer Melbourne FL clients recommend about your situation, call the Law Offices of Arcadier, Biggie & Wood.