Eviction Lawyers In Tamarac Florida – What Should You Expect?
Understanding the Eviction Process can be complicated for someone that is not a Lawyer. Therefore, it is important to retain Eviction Lawyers that have experience with Landlord Tenant issues. Our Eviction Lawyers in Tamarac Florida dedicate its practice to Landlords and Tenant cases. If you are a Landlord or Tenant that needs representation, contact our office.
What services do Eviction Lawyers in Tamarac Florida provide for Landlords?
- Fail to pay rent. The Attorney will give them a 3 day notice to pay or vacate.
- Pay rent. They can remain in the property.
- Vacate. The Process cannot proceed.
- Refuse to leave and do not pay. The Attorney will file the Complaint.
- Fail to respond. As a result, a default will be entered.
- Motion for Judgment. Upon filing, a Judgment will be entered.
- Writ of Possession. They have 24 hours to vacate.
If you need to evict a Tenant, contact Brian P. Kowal, Esq. at (954) 990-7552.
For Tenants – What are my rights?
If you are served, contact our office and explore your options. These include:
- Vacate. In other words, you cannot be evicted if they no longer reside in the property.
- Negotiate and/or remedy the violations that the Landlord alleges have been breached.
- Ignore the notices and remain in the residence.
You violated different clauses in your lease. These include:
- Participate in unlawful activities. For example, causing destruction.
- Late on rent.
- Fail to comply with the non-monetary terms of the lease.
If you are a Tenant, why do you need a Lawyer?
Our office represents Tenants in the following:
- Defense against Evictions for Non-Payment of Rent and Breach of Lease.
- Defense against Lawsuits for Rent.
- Issue Notices. In other words, if a Landlord breached the lease, they can send a Notice to Cure.
- Lawsuit to Recover Deposit.
The Eviction process can be stressful. Representing yourself may not be the best option. Therefore, if you are a Landlord or Tenant, contact our office at (954) 990-7552.
How long does the Eviction Process take?
While there is no set answer to the length of the Eviction Process, the Eviction Process generally takes between four (4) to five (5) weeks. There are several factors that affect the length of the Eviction Process. Some of these factors include but are not limited to: (1) Whether the Tenant deposits the past owed rent into the Court Registry (2) Whether the Tenant files defenses with the Court (3) Whether the Landlord has filed the proper paperwork (4) Whether the Landlord has followed the proper procedure in the Eviction Process.
When Can a Tenant Withhold Rent?
There are circumstances that allow a Tenant to withhold rent in the State of Florida. If a Landlord materially fails to comply with Florida Statute 83.51(1)(a) and 83.51(1)(b), a Tenant can withhold rent pursuant to Florida Statute 83.60(1)(b). Pursuant to Florida Statute 83.51(1)(a), 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), states that a Landlord must maintain the roofs, windows, doors, floors, steps, porches, exterior walls, foundations, and all other structural components in good repairs. If the above violations exist, the Tenant is required to give the Landlord a Seven (7) day notice pursuant to Florida Statute 83.60(1)(b) that they will be withholding rent.
How does a Landlord terminate a Month-to-month Tenancy?
If a Landlord has a month-to-month Tenancy with their Tenant, a Landlord is required to give their Tenant fifteen (15) days notice pursuant to Florida Statute 83.57(3) that their lease will be terminated. The fifteen (15) day notice must be given fifteen (15) days prior to the commencement of the next rental period. Therefore, if monthly rent is due on the first of every month and the fifteen (15) notice is given to the Tenant in December, the fifteen (15) day notice must be given no later than December 15.
How do I remove someone without a lease and doesn’t pay rent?
When removing an individual from your home that does not pay rent and have a lease, a Homeowner must file an Unlawful Detainer. Similar to an Eviction, once an individual is served with an Unlawful Detainer Complaint, the Individual has five (5) business days to respond. Unlike an Eviction, a Homeowner is not required to give the individual that they are attempting to remove any type of notice as a condition to filing the Complaint. The Unlawful Detainer Process can take less time than the Eviction Process due to the absence of the Notice Requirement.