Table of Contents
- Eviction Lawyers Deerfield Beach Florida – How an Eviction Lawyer can benefit you
- Evicting Tenants that have failed to pay rent to the Landlord
- Additional Services Provided to a Landlord by an Eviction Attorney
- Providing Representation for Tenants in Deerfield Beach, Florida
- Frequently Asked Questions
- How long does the Eviction Process take?
- When Can a Tenant Withhold Rent?
- How does a Landlord terminate a Month-to-month Tenancy?
- How do I remove someone without a lease and doesn’t pay rent?
Eviction Lawyers Deerfield Beach Florida – How an Eviction Lawyer can benefit you
It Is important for every Landlord and Tenant in Deerfield Beach, Florida to know their rights during the Eviction Process. Our Eviction Lawyers Deerfield Beach Florida can provide the best representation as the Law Office of Brian P. Kowal, PA dedicates a majority of its’ practice to assisting Landlords and Tenants. Whether its evicting a Tenant for failing to pay rent or violating a non-monetary provision of the lease, the Law Office of Brian P. Kowal, PA can assist you in the removal process. If you are a Tenant that has been served with an Eviction Complaint or living in a property that the Landlord is failing to maintain, our office can represent you in protecting your rights. If you are a Landlord or Tenant in Deerfield Beach, Florida, contact our office today at (954) 990-7552 to speak directly to Brian P. Kowal, Esq.
How can an Eviction Attorney in Deerfield, Florida help Landlords?
Evicting Tenants that have failed to pay rent to the Landlord
- Tenant has not paid their monthly rent. The Tenant will be served with a three 3 day notice to either pay rent to the Landlord or leave the property
- Tenant pays the Landlord the past due rent during the 3 day period. The Tenant has the right to stay in property and continue as a Tenant.
- Tenant decides to leave the property during the 3 period. The Eviction Attorney is prohibited from proceeding with the Eviction of the Tenant due to the Tenant vacating the property.
- Tenant decides not to leave the property and does not pay their monthly rent during the 3 period. The Eviction Attorney will file the Eviction Complaint. After the Tenant is served with the Eviction Complaint, the Tenant has 5 business days to file a response to the Eviction Complaint. If the Tenant responds to the Eviction Complaint or deposits the past due rent into the Court Registry, the Eviction Attorney will then determine how to proceed in removing the Tenant through the Eviction Process.
Additional Services Provided to a Landlord by an Eviction Attorney
- Preparation of Residential leases
- Serving Notices to Tenants (3 day, 7 day, and 15 day)
- Civil Actions against Tenants to Recover that failed to pay their monthly rent
- Providing defense for Landlords that are being sued by Tenants for the return of their security deposits
It is important that a Landlord fully informs the Eviction of Attorney of all aspects of their case as well as providing the Eviction Attorney any and all documents. If you are a Landlord in Deerfield Beach, Florida and need to remove a Tenant through the Eviction Process, contact your local Deerfield Beach Eviction Lawyer today at (954) 990-7552.
How can an Eviction Attorney in Deerfield, Florida help Tenants?
Deerfield Beach, Florida has a large rental population. Most Tenants in Deerfield Beach, Florida are not familiar with their rights and that can lead to many potential problems. Therefore, it is important for Tenants to act before it’s too late. If you are a Tenant that is residing in a property that is not being maintained by their Landlord or their existing violations that the Landlord refuses to remove, contact your Deerfield Beach Eviction Lawyer today. Our office will serve your Landlord the proper 7 day notice informing them that if the violations are not removed within seven 7 days, you will either withhold rent or terminate the lease pursuant to Florida statute 83.60 or 83.56.
The benefit of an Eviction Attorney in Deerfield Beach, Florida is that they will represent Tenants that have been served by their Landlord with an Eviction Complaint for failure to pay rent or comply with non-monetary terms of the lease. The Eviction Attorney should have an extensive knowledge of the laws that govern Landlord/Tenant in Florida in order to provide the Tenant the best representation in Court. The Eviction Attorney should also act in the best interests of the Tenant by attempting to resolve the existing case with the Landlord.
If a Tenant is being sued by their Landlord for non-monetary violations of the lease, It is essential that the Tenant provide any and all documents that will assist the Eviction Attorney in properly defending the Tenant’s case. If you are a Tenant in Deerfield Beach, Florida and are either currently being sued by their Landlord for non-payment of rent or for violating non-monetary terms of the lease, contact your Deerfield Beach Eviction Lawyer today at (954) 990-7552.
Frequently Asked Questions
How long does the Eviction Process take?
The Eviction Process in Deerfield Beach, Florida usually lasts between 4 to 5 weeks depending on several factors. Some of these factors include: (1) If the Tenant deposits the rent that is due to the Landlord into the Court Registry (2) If the Tenant files the appropriate defenses in Court (3) If the Landlord has filed the required paperwork in Court (4) If the Landlord has followed the proper Eviction Procedures stated in Florida Statute 83.56.
When Can a Tenant Withhold Rent?
A Tenant has the right to withhold rent in Deerfield Beach, Florida under certain circumstances. Florida Statute 83.60(1)(b) allows permits a Tenant to withhold rent if the Landlord has failed to with Florida Statute 83.51(1)(a) and 83.51(1)(b). Florida Statute 83.51(1)(a) states in part that a Landlord must comply with the requirements of all applicable building, housing, and health codes. If there are no applicable building, housing, or health codes, Florida Statute 83.51(1)(b), requires a Landlord to maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repairs. If any of the aforementioned violations are present, the Tenant must give their Landlord a 7 day notice as required by Florida Statute 83.60(1)(b) that they will be withholding rent. The 7 day notice must be given to their Landlord more than 7 days before the next rental period.
How does a Landlord terminate a Month-to-Month Tenancy?
If a Tenant’s lease with their Landlord in Deerfield Beach, Florida is month-to-month, a Landlord must give their Tenant 15 day notice if the intend to terminate the lease. This is required by Florida Statute 83.57(3). This notice must be given 15 days prior to the beginning of the next rental period. In other words, if the Tenant is required to pay rent on the 1st of every month and the next month is August, the Landlord must give the Tenant the 15 day notice before July 15.
How do I remove someone without a lease and doesn’t pay rent?
An Unlawful Detainer is the proper action to file when removing someone from your home that you do not have a lease with or is not paying you any rent. When someone is served with an Unlawful Detainer Complaint, they have 5 business days to respond. The difference between an Unlawful Detainer and an Eviction is that you are not required to give notice to the person that you are trying to remove. Therefore, the Unlawful Detainer Process can take less time to remove the individual as the notice requirement is absent.