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.
What is an Eviction?
Under Florida State laws, if your tenant is unable to or refuses to pay, the only way to remove them legally is through the eviction process. Normally, the police does not get involved with the removal of a tenant as such process is handled through the civil eviction process and not criminal law. However, if the tenant or tenants are destroying or removing property which belongs to you, then such acts may fall under actionable criminal conduct which is best addressed through the police.
There are residential evictions as well as commercial evictions. Residential ones typically take one month or so, while commercial evictions take comparatively longer.
Residential evictions are handled under the laws codified in Florida Statute Chapter 83.40 – 83.682 while commercial eviction are governed by 83.001 – 83.251. Typically, a successful litigant in an eviction proceeding is entitled to his or her attorney fees and costs.
An eviction results from a breach of contract. Either the tenant has failed to pay as required under the lease, or the tenant has overstayed his or her tenancy term, or otherwise, breached a material term of the contract such as failure to maintain the property, assigning the lease without landlord permission, or violated a clause of the contract such as a no pets requirement.
An eviction petition involves asking the court for an order which permits the Sheriff or local law enforcement to enter a private property and physically remove the tenant and his or her property. This removal is accomplished with a writ and requires a 24 hour posting. However, a writ is only achieved after a landlord is successful with an eviction proceeding through an award or judgment.
In addition to the removal, the Court, if properly pled in the litigation proceeding, may award damages including unpaid rents, award deposit monies, and other remedies including attorney fees and costs. The time frame in which to respond to an eviction complaint is 7 days for a pure eviction, and 21 days for that part of the eviction complaint which seeks damages in excess of the removal petition.
Although the process is common, there are certain intricacies which may require legal assistance in order to expeditiously prevail. Failure to follow the procedural guidelines of an eviction may result in wasting a lot of time, money, and significantly delay the removal of the tenant.
Eviction Process in Florida – 7 Steps to Evict a Tenant
What is The Eviction Process?
The eviction process begins with a three day letter and finishes with a writ of removal. The entire process can be done is as little as one week if the eviction is uncontested, or take years in unusual circumstances. On average, an eviction process takes about 15 days if there are no valid defenses to the eviction action.
An eviction occurs when a tenant has breached the terms of the tenancy in some material way, or has refused to move out once the rental agreement has expired. An eviction is different from an ejectment. An ejectment is a different process than an eviction and occurs when there is no tenancy agreement at all, such as when “guest” overstay their welcome.
An eviction, with a qualified attorney can cost about $1,000.00 if it is uncontested, or thousands if it is contested with valid defenses.
What is the Eviction process and steps that can be taken to Evict a Tenant?
The Chapter 83 of Florida Statutes mentions that a home-owner can evict a tenant on the grounds of housecleaning issues, unauthorized occupancy or non-payment of rent.
In Florida, landlords can take the following steps in order to evict their tenant, and save on attorney fees
- Give the tenant a 3-days notice to either pay the outstanding rent or vacate the premises.
- Write down a complaint and file for eviction. Eviction can be filed with any county clerk serving at a court in a particular county.The landlord must mention “Plaintiff” and his/her contact details on the complaint. He/She must also mention “Defendant” and the tenant’s contact information.
- The complainant needs to create a heading “Complaint” and list the following underneath.
- A mention of an attempt to evict a renter from real property in a particular county, naming the county thereafter.
- The fact that the landlord owns the said property, providing its address.
- Mention that the tenant had agreed to pay the rental fee providing the amount. Attach a written agreement copy.
- Mention the date that the last rent was due, and that the tenant failed to pay then.
- Mention the date the defendant was served with a notice on, to either vacate or pay.
- Request the judge to evict the occupant and hold him/her responsible for any pertinent costs.
- Notarize the complaint; either file the same at the clerk’s or swear to the same in the presence of a clerk. Pay the required fee.
- Find out whether the tenant reverted to the summons from the clerk’s office. A tenant has 5 working days to respond. If they answered and paid the outstanding rent, contact the county court to schedule a trial.
- Ensure the delivery of the hearing notice to the tenant along with case number, hearing time, date and venue details, and the date of notice.
- File a motion seeking default judgment, either with the clerk or with the court, in case the occupant fails answering the summons.
- The complainant will now need to wait for the county court to commence upon a judgment. In case the judge passes judgment in favor of the landlord, the sheriff will be ordered to evict the occupant in 24 hours flat. The sheriff will need to serve a summons of possession ordering the occupant to vacate. The landlord will be required to pay for the same.
How Long Does The Eviction Process Typically Take?
Florida eviction process law can seem overwhelming, but thankfully legal professionals can help. In most cases, the eviction process can take anywhere from a few weeks to several months. It generally begins with a notice to the tenant, which provides them with a set period to correct the issue, such as paying rent or moving out. If the tenant does not comply, we may need to file a formal eviction lawsuit. After that, there’s usually a court date set to review the case. If the court rules in favor of the landlord, the tenant is given a final notice to vacate. It’s important to stay on top of deadlines throughout the process to avoid unnecessary delays.
What Are The Common Reasons For Eviction?
There are several reasons why a landlord might pursue eviction, with non-payment of rent being the most common. Other valid reasons include violating the lease agreement, causing damage to the property, or engaging in illegal activities on the premises. According to Florida eviction process law, a landlord may also evict tenants if they wish to take the property off the rental market or make substantial renovations. However, we have to make sure all procedures are followed correctly, and the reasons for eviction align with local and state laws.
What Steps Should We Take Before Filing For Eviction?
Before filing for eviction, we must give proper notice to the tenant. This notice outlines the reason for eviction and provides the tenant with a chance to resolve the issue, whether it’s paying overdue rent or correcting a lease violation. Depending on the reason for the eviction and the state laws, the notice period may range from a few days to over a month. Once the notice period ends without resolution, we can proceed with filing the necessary paperwork with the court to start the eviction lawsuit. Keeping accurate records of all communications and payments is essential during this stage.
Can A Tenant Be Evicted Without Going To Court?
In most situations, tenants must go through the formal court process before being evicted. Even though we may serve a notice for the tenant to leave, they are only required to vacate if a court order is issued. Skipping the court process and attempting to remove a tenant without legal authorization can lead to serious penalties for the landlord. We’ll always want to follow the proper legal procedures, which include filing for eviction in court and attending a hearing where a judge will review the case.
What Happens If The Tenant Refuses To Leave After An Eviction Order?
If the court issues an eviction order and the tenant refuses to vacate the property, we may need to involve local law enforcement to enforce the order. The tenant is typically given a set amount of time, often a few days, to move out after the court’s decision. If they don’t leave within that time frame, we can request that law enforcement step in to remove the tenant from the property. While it’s a difficult situation, we’ll want to ensure everything is done according to local laws to avoid further complications.
With over seventy-five years of combined legal experience, we understand that the eviction process can be stressful and time-consuming, but it’s important to approach it with the right knowledge and support. If you’re dealing with a difficult tenant and are unsure about your options, we’re here to help. Reach out to our team at Law Offices of Arcadier, Biggie & Wood today to discuss Florida eviction process law. Let’s work together to find the best solution for you and your property.
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.