Landlords face issues with their Tenants. As a result, it is important that they hire an Eviction Lawyer that devotes their practice to representing their rights. If you have a Tenant that is not paying rent or is violating the terms of the lease, contact an Eviction Lawyer in Cooper City Florida.
LANDLORD REPRESENTATION
Your Eviction Lawyer in Cooper City Florida offers the following services:
1. Non-Payment Evictions
Once a Tenant fails to pay rent, we serve them a 3 Day Notice. If they still do not pay, we file the Eviction. Once served, they have 5 days to respond. If they file a Motion to Determine Rent or an Answer, they are still required to deposit the money into the Court Registry. If they fail to deposit, we file a Motion to Strike. As a result, a default will be entered. However, if the Court orders a Hearing, we will argue for a Final Judgment.
2. Non-Monetary Evictions
The other type of Eviction is for non-monetary violations. In other words, if a Tenant violates a provision of the lease that is unrelated to rent, they can be removed. However, they must first receive a 7 Day Notice to Cure. If they still fail to cure or remove the violation after 7 Days, they can file an Eviction against them.
3. Security Deposit Disputes
Once a Tenant vacates at the end of the lease, they have 15 days to return the deposit or 30 days to place a claim on it. If they file an objection after they receive the claim, the right to the deposit will be disputed in Court.
4. Termination Notices
To terminate a month-to-month lease, a Landlord is required to serve the Tenant with a 15 day notice. In other words, notice must be given 15 days before the next rental period. If they remain in the property after the termination date, they are a Holdover Tenant. As a result, they can evict them and request that the Court award them double rent. This tends to be the easiest way to evict since a Tenant has less defenses.
EVICTION PROCESS EXPLAINED
1. Tenant has not paid Rent.
Landlord serves them a 3 Day Notice. If they pay, they can remain in the property.
2. Fails to pay during the 3 Days.
The Landlord can file the Eviction in County Court.
3. Filing of the Complaint
The Landlord includes a Count for Possession. However, they can also include a count for past due rent.
4. Tenant fails to Respond.
The Clerk will enter a default. As a result, they no longer have the right to file an answer or motion to determine rent. Thereafter, they will enter a Final Judgment of Eviction.
5. Tenant Responds.
They will file an Answer and a Motion to Determine Rent if they disagree with the amount in the Complaint. The Court will then order them to deposit the amount that is disputed into the Registry. In addition, the case will also be set for mediation. Mediation occurs outside the Court room in a private setting. If the parties reach a settlement, it must be approved by the Judge.
6. Final Hearing.
If the Case is not resolved at mediation, it is set for a Final Hearing. At the hearing, the Judge will rule for the Landlord or the Tenant.
7. Writ of Possession.
If the Judge rules for the Landlord, the Clerk signs the writ. Thereafter, the Sherriff posts it giving them 24 hours to vacate. As a result, the Landlord will retake possession of the property.