The Eviction Process can be stressful for any Landlord. As a result of the Tenant failing to pay rent, they lose a substantial amount of income. However, they will be able to recoup their loss by leasing the property to a new Tenant after the Eviction is completed. Therefore, if you need to remove a Tenant, you should hire Broward County Eviction Lawyers.
How Long is the Eviction Process?
Broward has a large population of Tenants. As a result, there are significant number of Evictions. Despite the amount of Evictions, the Process generally takes 4 to 5 weeks. On the other hand, if the Tenant agrees to vacate, the timeline will be greatly reduced.
Factors that determine the length of an Eviction. These include:
- Tenant Defenses
- If the Court orders Mediation.
- Whether the Tenant deposits the rent into the Court Registry. To clarify, if they do not deposit the rent, a default will be entered.
- The number of Evictions on the docket.
- The documents filed by the Landlord.
1. Tenant has not paid rent.
The Tenant is served with a 3 Day Notice. As a result, they have 3 days to pay rent or vacate.
2. Tenant does not pay rent after the 3 Days.
3. The Eviction is filed.
The Tenant has 5 days to respond. During the 5 Days, they can file an Answer. However, if they disagree with the amount in the Complaint, they can file a Motion to Determine Rent. In addition, they should deposit the past due rent into the Court Registry.
4. The Tenant fails to Respond.
If the Tenant does not respond, the Clerk will enter a default. This means that they can no longer assert any defenses. Thereafter, the Court will enter a Final Judgment of Eviction.
5. Tenant Responds to the Complaint.
If the Court finds that the response raises valid defenses, they will set a mediation or a hearing. Mediation allows the Landlord and Tenant an opportunity to resolve the case.
6. Final Hearing.
The Judge will hear the arguments of the Landlord and Tenant. Thereafter, the Judge will make their final ruling. If they rule for the Landlord, the Tenant will be ordered to leave. If they rule for the Tenant, they can remain in the property.
7. Writ of Possession.
If the Judge finds in favor of the Landlord, they direct the Clerk to sign the Writ of Possession. Thereafter, the Sherriff posts the Writ on the Tenant’s door giving them 24 hours to vacate. As a result, the Landlord will retake possession of the property.
Services provided by Broward County Eviction Lawyers
Our Office provides the following services for Landlords and Homeowners.
1. Evicting Tenants that fail to pay rent. This is the standard Eviction filed by the Landlord when a Tenant does not pay their rent.
2. Evicting Tenants that remain after the lease expires. If a Tenant fails to leave although they were given a date to vacate, the Landlord can evict them. The Tenant is known as a Holdover Tenant.
3. Evicting Tenants for non-monetary violations. As outlined in Florida Statute Chapter 83.56, the Tenant can be evicted for several reasons. These include:
a. Failing to Maintain the Property. For example, if the lease requires the Tenant to mow the lawn, failure to do so will be a violation.
b. Allowing an unauthorized guest to live in the property.
d. Repeatedly disturbing other tenants or neighboring.
e. Failing to keep the property in a clean and sanitary manner as stated in Florida Statute Chapter 83.52. For example, The Tenant cannot leave garbage on the grounds of the property.
Prior to an eviction for non-monetary reasons, the Landlord is required to give the Tenant a 7 Day notice. As a result, they have 7 days to remove the violation. Failure to do so allows the Landlord to file the Eviction.
4. Review and Prepare Leases for Landlords. Our office prepares leases for Landlords. They can be either month-to-month or for a year.
5. Removing family members or friends that do not pay rent and do not have a lease. This is also called an Unlawful Detainer. Unlike an Eviction, this does not remove a Tenant. In addition, notice is not required.
6. Helping Landlords recover the Security Deposit. At the beginning of a lease, a Tenant is required to give the Landlord a Deposit. Once the lease ends and they vacate, they have 15 days to return the Deposit or 30 days to place a claim on it. In addition, if they are imposing a claim, it must be sent certified mail. Nevertheless, if the Tenant objects to the claim, the Landlord can file a lawsuit to recover the deposit.
Brian P. Kowal, Esq. always fights for Broward County Landlords. Therefore, if you need to speak with him about his services, contact our office at (954) 990-7552.