Some Landlords file their own Evictions.  Unfortunately, this can work against them.   Without understanding Florida Statute Chapter 83 and the Eviction Process, the case may get dismissed by the Court.  Therefore, if you are a Landlord and need to evict a Tenant, contact your Hollywood Florida Eviction Lawyers at (954) 990-7552.

How an Eviction Lawyer Benefits Landlords

1. Filing Evictions against Tenants that have failed to pay rent.

As a result of the Tenant failing to pay rent, we serve them with a 3 Day Notice.    Once they receive the notice, they have different options:

A.  Pay Rent.  As a result of paying rent, the Tenant can remain in the property.  However, they need to continue paying or the Landlord can proceed with the Eviction Process.

B.  Not Pay Rent.  If the Tenant chooses to not pay rent, the Landlord can proceed with the Eviction.  In addition, the Landlord can include a separate count in the complaint to try and collect the past due rent. 

C.  Vacate the Property.  If the Tenant vacates the property, the Landlord cannot proceed with the Eviction.   However, they can still attempt to collect on the past due rent in a separate lawsuit.

If the Tenant fails to pay rent but remains in the property, we file the Eviction.  They have 5 days to respond to the Complaint.  Thereafter,  the Court sets the case for Mediation, or a Final Hearing.   If the Judge enters a Final Judgment, a Writ of Possession is then placed on the Tenant’s door.  As a result, they have 24 hours to Vacate.

2. Filing Evictions for Violations of the lease unrelated to Payment of Rent.

Evicting a Tenant for Non-Payment of rent is not the only way they can be removed.  They can be evicted for violating terms of the lease unrelated to rent.  Florida Statute 83.56 places non-monetary violations of the lease into two categories.  Accordingly, Curable and Non-Curable Violations include:

Curable Violations: 

a.  Permitting unauthorized pets, guests, or vehicles

b.  Parking in an unauthorized manner or permitting such parking;

c.   Failing to keep the premises clean and sanitary

Non Curable Violations: 

a. Failing to remove all garbage in a clean and sanitary manner.

b.  Destroying the property

c.  Unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.  For example, if the Tenant plays the music in all hours of the day preventing the other Tenant from peacefully residing in the property.

Regardless if the Violation is Curable or Non Curable, a 7 Day Notice must be given to them prior to the filing of the Eviction.  In other words, the Tenant has 7 Days to cure the violation.

3. Filing Evictions against Tenants that remain in the property after lease terminates 

Some leases contain provisions requiring Landlords to give notice that the lease will not be renewed.  If the Tenant remains after the lease terminates, they are a Holdover Tenant.  If the Landlord chooses to evict them, they can charge double rent for each day they remain in the property.

Another example is a Landlord that terminates a month-to-month lease.  A month-to-month lease can be terminated by giving the Tenant 15 days notice before the next rental period.  If they remain in the property after the expiration date, the Landlord can file an Eviction.  In other words, if they give the Tenant notice on March 14 that the lease will end on March 31, they have properly terminated the lease.  However, if they remain in the property after March 31, they are Holdover Tenant.

How an Eviction Lawyer Benefits Homeowners

Many Homeowners allow family members or friends to live in their property without paying rent.   Unfortunately, tensions occur and they want them to leave.  Therefore, to remove this individual, our firm files an Unlawful Detainer.   Similar to an Eviction, the individual has 5 days to respond.  Accordingly, an Unlawful Detainer Case tends to be more emotional due to the closeness of the parties involved.  As a result, it is a better decision to be represented by an Attorney to handle the lawsuit to avoid any delays in the Process.

If you are a Landlord or Homeowner, contact your Hollywood Florida Eviction Lawyers at (954) 990-7552.  Allow our office to help you remove the stress from the Eviction Process.