Landlord Tenant Law Attorneys Melbourne, FL
Melbourne, Florida landlord tenant law attorneys know that when a person owns residential or commercial real estate, it is inevitable that at some point or another, that property owner will have to deal with a tenant who is late paying their rent. Even when the landlord is willing to work with the tenant and give them some flexibility to catch up, unfortunately, there are situations where even that doesn’t work out and the property owner may be forced to begin formal eviction proceedings.
If you are a landlord who is having issues with your tenants, contact the Law Offices of Arcadier, Biggie & Wood to meet with one of our landlord tenant law attorneys in Melbourne, FL, and let us discuss what your legal options are in these situations. Your attorney will explain the legal process that is required by the state of Florida when it comes to the eviction process.
It is important to follow the law in order to preserve the eviction proceedings. Failure to follow these rules can result in the courts dismissing your case and requiring you begin the process all over again. This means precious time is lost, as well as potential financial losses for the property owner.
Landlord tenant law attorneys in Melbourne FL from our firm know that communication is critical when it comes to preventing any misunderstandings between the landlord and the tenant. When a tenant fails to pay their rent on the date it is due and does not reach out to the landlord to explain why, the landlord should initiate contact, especially if this is not something that usually occurs.
When speaking with the tenant, if the landlord determines that something has changed in the tenant’s financial situation – i.e. they have lost their job or going through a divorce – then it may be in everyone’s best interest to allow the tenant to get out of their lease. If the landlord does make this offer, then they need to make sure the tenant understands there is a very small window for this opportunity (several days).
Unfortunately, many of these situations do not always resolve themselves so easily and the landlord is forced to retain the services of one of the landlord tenant law attorneys in Melbourne FL to begin the eviction proceeding. The first step to this process is to give the opportunity for the tenant to pay the rent that is owed. The tenant must be notified of this in writing. The notice to quit your attorney sends will include the total amount of rent that must be paid in full and how many days the tenant has to pay it. Florida law requires that tenants be given at least three business days to pay what they owe. The notice will also state that failure to pay in full within the required time will terminate the lease.
If the tenant fails to pay in full within those three days, your attorney will then file an eviction lawsuit with the courts. The tenant will then be served with the notice of the eviction lawsuit, usually by a process server or by the county sheriff’s office. Tenants then have five days to respond to the eviction summons. If the tenant files a response with the court, the landlord’s attorney will contact the court to have an eviction hearing scheduled. If the tenant fails to respond, the attorney will file a motion for a default judgment with the court. Either scenario will result in the court making a decision on whether or not the landlord has valid cause to evict the tenant.
Melbourne, Florida Landlord Tenant Law Attorneys Can Help
If you are a property owner dealing with tenants who have not paid their rent or other lease violations, contact the Law Office of Arcadier, Biggie & Wood to speak with one of our landlord tenant law attorneys Melbourne, FL clients trust today.
When You May Need to Hire a Landlord Tenant Lawyer
While being a landlord can be lucrative, it can also be stressful at times. As a landlord, you may encounter various legal issues throughout the years. It’s important to know when it’s necessary to have legal assistance. Here are a few signs that you may need to hire a landlord tenant lawyer.
- You want to evict a tenant. Whether it is due to non-payment of rent or damage to the property, you may have to evict a tenant at some point. However, evicting a tenant isn’t always so easy. Some tenants may fight an eviction and even hire their own lawyer. In this situation, it may be necessary to work with a landlord tenant lawyer.
- You’re being sued for premises liability. Landlords are required to keep their buildings safe for tenants and visitors. If they fail to do this and someone gets hurt because of it, these landlords may face a premises liability lawsuit. For example, if you never replaced torn carpeting in the lobby and someone suffered a slip and fall accident, that person may sue you. In this case, it’s important to consult a lawyer.
- You’re drafting a lease for the first time. If you are a new landlord and want to create your first lease, it’s helpful to have a lawyer on your side. A lawyer will carefully review the lease to make sure it reflects your best interests.
- You’ve been accused of discrimination. Sometimes prospective tenants may accuse you of discrimination if you reject their application. This can happen even if you’ve followed all the Department of Housing and Urban Development guidelines. You may face a lawsuit, which can hurt your pocketbook and reputation. That is why you should speak to a landlord tenant lawyer as soon as possible. A lawyer can help you mitigate the issue quicker.
- A tenant is suing for property damage. If a tenant’s property gets damaged from a leaky roof or other issue, he or she may try to sue you. If the damage is fairly minor, your insurance policy may be able to take care of the claim. On the other hand, if the damage was significant, it may be in your best interest to hire a lawyer. He or she will represent through the entire process of claim and protect your legal rights.
