Eviction Lawyer Miramar Florida – The Benefit of an Eviction Lawyer

The Eviction Process can negatively effect Landlords and Tenants.   As a result of not knowing your rights, you may find yourself in a disastrous situation.   Therefore, it is important to speak with our office.   Whether you are a Landlord or Tenant, contact your Eviction Lawyer Miramar Florida at (954) 990-7552.

How an Eviction Lawyer Miramar Florida benefit Landlords?

Eviction Process Explained

  1. Tenant has not paid rent. They are served with a 3 Day Notice.  As a result, they have 3 days to pay or vacate.
  2. During the 3 Days the Tenant Pays Rent. The Landlord cannot proceed with the Eviction. In other words, the Tenant does not have to leave.  Furthermore, they can continue paying monthly rent.
  3. Tenant does not leave and does not pay rent.  The Landlord files the Eviction.  As a result, they have 5 days to respond.  In addition, they must deposit the rent into the Court Registry.
  4. Court orders mediation. Parties attempt to resolve the matter.  In the event that the case settles, the Eviction will be dismissed.
  5. Judge decides if the Eviction will be entered.  If the Judgment is entered, the Tenant will be ordered to leave.  Furthermore, a Writ of Possession will be issued giving them 24 hours to vacate.

Services Provided to Landlords

  1. Prepare and Serve Notices to Tenants that fail to comply with the Terms of the Lease.  For example, our office will send them a 7 day notice if they allow an unauthorized guest to live in the property.  As a result, they will have 7 Days to remove the guest.
  2. File Actions against Tenants that owe past due rent.
  3. Evict Holdover Tenants
  4. Prepare Leases.
  5. Send Claims on Tenant’s Security Deposit.  A Landlord can place a claim on the Deposit within 30 days after the Tenant leaves.  However, if the Tenant does not object to the Claim, the Landlord can keep the it.

If you need to evict a Tenant, contact your local Eviction Lawyer Miramar Florida at (954) 990-7552.

How can an Eviction Lawyer help Tenants?

If they are not represented, they could end up evicted.   On the other hand, representation can prevent an Eviction.   If you are a Tenant that has been served with an Eviction, contact your Miramar Florida Eviction Lawyer today. We will fight the Eviction and help you remain in the home.

Tenant’s Right to Withhold Rent?

Many Tenants withhold rent without understanding the law.  Florida Statute 83.60(1)(b) is clear regarding their right to withhold.  The Statute allows them to withhold rent if the Landlord violates Florida Statute 83.51(1)(a) and 83.51(1)(b).  However, they must follow the proper procedures.

Florida Statute 83.51(1)(a) generally states:   A Landlord must comply with all applicable building, housing, and health codes. If they do not exist, they must maintain all structural components of the property in good repair. However, if they violate it,  they can give them a 7 day notice as required by Florida Statute 83.60(1)(b).

Tenant’s right to Terminate their lease if the Landlord fails to maintain the property

If the Landlord fails to maintain the property, they can serve them with a 7 day Notice. If they fail to remove the violation within 7 days, they can terminate their lease.  While this is an effective tool for Tenants, they still must comply with the notice requirements.  In other words, it must be served 7 days before the beginning of the next rental period.

How long does the Eviction Process take?

The Process can last 4 to 6 weeks.  Factors that affect it include:

(1) Whether the Landlord properly files the Complaint.

(2) Whether the Tenant files defenses and deposits the rent into the Court Registry.

(3) Whether the Court enters Mediation. 

In summary, if you are a Landlord or Tenant, contact your Miramar Florida Eviction Lawyer.  The Law Office of Brian P. Kowal, PA will guide you through the Eviction Process. Contact our office at (954) 990-7552.