Many Landlords find themselves in trouble when they represent themselves during the Eviction Process. For example, they may file the incorrect paperwork or fail to bring the proper documents to the Final Hearing. As a result, the Judge may order them to refile their case. This costs the Landlord more time and money. Nevertheless, if they hire an Experienced Eviction Lawyer, the outcome is usually much different. Therefore, it you need to Evict a Tenant, contact your Eviction Lawyer in Dania Beach Florida.
How Can An Eviction Lawyer Benefit You?
Non-Payment Evictions
Once a Tenant does not pay their rent, a Landlord serves them a 3 Day Notice. If they still do not pay after the 3 Days, they can file an Eviction. The Process takes 4 to 6 weeks. However, it depends on several factors including:
A. Tenant’s defenses
B. If they deposit money into the Court Registry
C. If the Landlord filed the proper paperwork
D. If the Eviction Lawyer is quick and efficient
After the Tenant files a response, the Court will determine if mediation is necessary. If it is not ordered, the case will be set for Hearing. If they rule for the Landlord, the Clerk will issue a Writ of Possession. Thereafter, the Sherriff posts the Writ on the Tenant’s door giving them 24 hours to Vacate.
Non-Monetary Evictions
If a Tenant fails to comply with the non-monetary terms of the lease, they can be served a 7 Day Notice. This states that they have violated the lease and have 7 days to remove the Violation. Common Violations include:
A. Pets, vehicles, or guests that are not authorized by the Landlord
B. Constantly disturbing the other Tenants or Neighbors
C. Failing to keep the Property Clean
D. Causing Destruction to the Property
E. Engaging in illegal acts in the Property
If the Tenant fails to cure the Violation within 7 Days, the Landlord can proceed with the Eviction.
Evicting Holdover Tenants
If a Tenant remains in the property after the lease terminates, they become a Holdover Tenant. Accordingly, the Landlord has the right to Evict them. In addition, they can recover double the amount of rent due for each day that they reside as a Holdover Tenant. It is important that before they attempt to evict them, they review the lease to determine if they are required to give a Notice of Non-Renewal.
Defending Landlords seeking to recover the Security Deposit
Most Landlords understand the rules governing Deposits. On the other hand, there are some that fail to follow these rules and it can be a disaster. Florida Statute 83.49(3) outlines their responsibility regarding the Deposit. A Landlord has 15 days to return it in full and 30 Days to make a claim. The Claim must be sent to the last known address by certified mail. Unfortunately, many Landlords send it regular mail. As a result, the Court will order them to return it and pay the Tenant’s Attorney’s Fees if they are represented.
How do we help Homeowners evict someone that has never paid rent and does not have a lease?
Homeowners often ask how we can Evict someone that does not pay rent and have a lease. While this person can be removed, an Eviction is improper. The correct action is an Unlawful Detainer. This does not require notice. In addition, there is no Landlord-Tenant Relationship since rent is not exchanged.
As shown above, a Landlord will be more successful hiring an Attorney rather than fighting an Eviction alone. Therefore, if you need to Evict a Tenant for non-payment of rent or non-monetary violations of the lease, contact your Eviction Lawyer in Dania Beach Florida at (954) 990-7552.