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Residential Evictions

Are you a Landlord or Property Manager in the State of Florida? The Eviction Lawyers at 954 Eviction Attorneys, PLLC are here to help with your Florida Residential Eviction needs!

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Commercial Evictions

If you are a Commercial Landlord in Broward County, Palm Beach County or the State of Florida that needs to evict your commercial tenant, 954 Eviction Attorneys are here to help!

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954 Eviction Attorneys prides itself on processing Evictions with NO HIDDEN FEES or COSTS! We assist Landlords and Tenants in all areas of real estate law throughtout the State of Florida.

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5,000+ Evictions Filed by our Eviction Lawyers throughout the State of Florida. 954 Eviction Attorneys are your Florida Evictions Lawyers. Our Eviction Attorneys represent Landlords, Property Managers, Investors, and Property Owners with their Broward County Evictions, Palm Beach County Evictions, Miami-Dade County Residential Evictions, Evictions through out all 67 Counties in the great State of Florida. Our Eviction Lawyers are well versed in F.S. Chapter 83, F.S. Chapter 82, and F.S. Chapter 723.

FLORIDA LANDLORD ATTORNEYS
954 Eviction Attorneys focuses on providing the best outcome for their residential landlord clients within the quickest possible time that Florida Law permits.   The Landlord Lawyers at 954 Eviction Attorneys always communicate with their clients directly by providing them with a case status, so they are informed with the progress of their Eviction case.  954 Eviction Attorneys also assist Florida Property Owners and Florida Investors with removing unauthorized occupants from homes wherein there is no lease, no consent to reside, and no payment of rent. This is commonly known as a Florida Unlawful Detainer Action and the process is governed under F.S. Chapter 82. Our Eviction Lawyers also represent Landlords, Property Managers, Investors and Homeowners with Ejectment Actions, Lease Preparation, and Letter Correspondence on behalf of our clients.

FLORIDA COMMERICAL EVICTIONS
954 Eviction Attorneys represents Commercial Landlords throughtout the State of Florida in Commercial Evictions and Commercial Landlord-Tenant disputes,. While Florida Commercial Evictions may be similar to Residential Evictions in many aspects, there are significant differences that need to be addressed and require a greater understanding of interpreting both the Commercial Lease and how to navigate through F.S. Chapter 83 Part I. Our West Palm Beach Commercial Eviction Lawyers and our Fort Lauderdale Commercial Eviction Attorneys know the Commercial Eviction process. As such, this saves our clients both time and money.


Our Florida Commercial Evictions Lawyers assist Commercial Landlords in resolving both monetary and non-monetary violations of the Commercial Lease as well as assisting our clients with Commercial Lease drafting and review.

REPRESENTING FLORIDA MANUFACTURED HOUSING COMMUNITIES, MOBILE HOME PARK DISPUTES, AND RECREATIONAL VEHICLE (RV) EVICTIONS
954 Evictions Attorneys represents Mobile Home Park Owners and Property Managers with Evictions for non-payment of lot rent and for violations of Leases and the Rules and Regulations of the community. With extensive experience representing numerous communities throughout the State of Florida, our Mobile Home Park Eviction Attorneys know how to properly navigate through both Florida Statutues Chapter 83 and/or Chapter 723 depending on each individual situation. Need assistance with an eviction of an RV? No Problem! As this area of law is very intricate, unique and statute oriented, make sure to arm yourself with competent legal counsel.



TIMELINE FOR UNCONTESTED RESIDENTIAL EVICTIONS

1. Tenant is provided with Notice. Tenant receives a three (3) day notice of non-payment, seven (7) day notice of non-compliance, fifteen (15) day notice terminating the tenancy or notice of non-renewal.

Prior to filing an eviction lawsuit in the State of Florida, the Landlord must give the Tenant notice that they are attempting to terminate or not renew the rental agreement. These notices include notices for failure to pay rent. If a Tenant has failed to pay rent, the Tenant will have three (3) days either to pay rent or vacate the property after they receive proper notice from their Landlord or the Landlord's agent.  If a Tenant has a month-to-month rental agreement with the Landlord and the Landlord wants to terminate that rental agreement, the Landlord must give the Tenant a fifteen (15) day notice prior to the commencement of the next rental period beginning. If a Tenant has committed non-monetary violation(s) of the rental agreement, the Landlord will likely serve the Tenant with a seven (7) day notice to cure if the violation is a curable violation. For written leases that are nearing the end of their term, we always recommend that the Landlord sends out a notice of non-renewal wherein the Landlord states that at the expiration of the term, the tenancy will not be renewed.

2. Eviction Complaint is Filed and Served on the Tenant.

After the Tenant has received notice from the Landlord and the Tenant fails to pay, comply or vacate, the Landlord may file an eviction complaint against the Tenant in the county court where the property is located. An eviction complaint for possession can either be served on the Tenant or posted on the door of the Tenant’s property. If a Landlord is unable to serve the Tenant with the Complaint personally or by substitute service and is forced to serve the Complaint by posting to the property, the Landlord must file a Certificate of Mailing with the Court. This allows the Clerk of Court to mail the Eviction Complaint with the summons to the Tenant directly. This will satisfy the service requirements for posting by service on a Tenant.

3. Tenant Fails to File an Answer or Motion to Determine Rent to the Eviction Complaint.

Upon being served with the Eviction Complaint, the Tenant has five (5) days to file an answer or in certain circumstances, a motion to determine the rental amount to be deposited into the Court's Registry. If a Tenant fails to do either, the Landlord can file a Motion for Default with the Clerk of Court, essentially stating that the Tenant has waived their right to be a part of the lawsuit.  If the Clerk enters the Motion for Default, a Default will be entered against the Tenant. Thereafter, the Landlord can file a Motion for Final Default Judgment with the Court. If the Judge assigned to the Eviction case grants the Motion for Final Default Judgment for Eviction, a Final Default of Eviction will be entered against the Tenant.

4. Writ of Possession.

Upon a Judge entering a Final Judgment of Eviction against the Tenant in the uncontested eviction, the Judge will direct the Clerk to issue and sign the Writ of Possession. Thereafter, the signed Writ of Possession is sent to the Sheriff’s Office to serve the Writ of Possession on the Tenant at the property.   The Sherriff’s office will then serve the Writ of Possession on the Tenant’s door giving the Tenant twenty-four (24) hours to remove their belongings from the property and vacate the property, before the Sheriff will return back to the property to execute the Writ of Possession removing the Tenant.

FLORIDA CONTESTED RESIDENTIAL EVICTIONS TIMELINE

1. Tenant Files a an Answer, Motion to Determine Rent, Motion to Dismiss to the Eviction Complaint.

Upon being served with the Eviction Complaint, the Tenant has five (5) days to Answer or file a Motion to Determine the Rental Amount. If a Tenant receives an Eviction Complaint for non-payment, if the Tenant files an Answer claiming defenses other than payment in full, the Tenant must place the past dues rents and any rents that accrue during the pendency of the lawsuit into the Court's Registry. For actions for non-payment of rent, if the Tenant is disputing the rent alleged in the Eviction Complaint, the Tenant may elect to file a Motion to Determine Rent with the Court as well as an Answer to the Eviction Complaint.

2. Court will Set the Matter for Mediation, Motion to Determine Rent, and Final Hearing.

If the Tenant files an Answer and deposits monies into the Court's Registry or files a Motion to Determine the Rent pursuant to Florida Statutes, the Court will likely set the matter for Mediation.  Mediation is a Court ordered process that allows the Landlord and the Tenant the opportunity to resolve the case with an impartial third-party known as a Mediator. If the parties resolve the case in Mediation, a settlement agreement will be entered into, the Judge will review the settlement agreement, and if the Judge confirms the terms of the settlement agreement, the Judge will sign-off on the settlement agreement, wherein the case will be dismissed pending the terms of the settlement agreement are complied with.  If the parties are unable to resolve the case in mediation, the case may be immediately heard for a Motion to Determine the Amount of Rent or the Final Hearing.

3. Final Hearing of Eviction.

At the Final Hearing of Eviction, both the Landlord and Tenant will be allowed to present evidence to the Court of their side of the story. The Court will hear the evidence and then decide if the Landlord is entitled to the relief that the Landlord is seeking in the Eviction Complaint. If the Landlord is successful, the Court will order a Final Judgment of Eviction against the Tenant. If the Court finds that the Landlord is unable to prove their case, the Court will rule in favor of the Tenants.  If Attorneys’ fees and costs are properly plead in the Eviction Complaint or Tenant Answer, they will be awarded to the prevailing party.

TOP 5 FLORIDA LANDLORD TENANT LAWS EVERY RESIDENTIAL LANDLORD NEEDS TO KNOW

Owning a Florida rental property has many advantages and can be a great investment. A rental property can provide greater asset stability, diversify your portfolio, provide tax benefits, Tenant income, and inflation protection. With all of the good, there are also some disadvantages. In particular, the risk of having a bad Tenant. When Tenants pay on time, take care of your property, and rarely call with maintenance issues, everything seems to flow. However, it can get messy when things don’t go according to plan.  

As Florida Landlord Tenant and Eviction Lawyers, we spend most of our day advocating for our clients and navigating through Florida’s Landlord Tenant Laws and the Court System. We see many of the same issues occur all too often. This is why we have compiled below the Top 5 Florida Landlord Tenant Laws Every Residential Landlord Needs to Know. Having knowledge and a thorough understanding of these 5 key laws, can help lead the Landlord to run a smooth Landlord Tenant relationship and hopefully prevent a lawsuit. This in turn keeps the rental property Tenant occupied, with rents flowing in, and the Landlord outside of the Court room. 

1. 83.49Deposit money or advance rent; duty of landlord and tenant.—Know your deadlines and notice requirements. This statute pertains to security deposits and advanced rents.

2. 83.51Landlord’s obligation to maintain premises.— Make sure the rental property is in habitable condition.

3. 83.56Termination of rental agreement.— When your Tenant fails to adhere to monetary and non-monetary terms of the Lease, look to this Florida Statute. Pay attention to critical time lines and notice requirements in order to not get burned if you go to Court.

4. 83.59Right of action for possession.— This Florida Statute details how a Landlord can regain possession of their rental property.

5. 83.67Prohibited practices.— What a Landlord should not do and the severe repercussions that follow.

 

 

 
WHAT IS THE DIFFERENCE BETWEEN A EVICTION, UNLAWFUL DETAINER, AND EJECTMENT?

 

FLORIDA EVICTIONS
For a Florida Eviction to occur, there must a Landlord-Tenant relationship. This is most often created by having either a verbal or written rental agreement for the Tenant to pay monies or rent to the Landlord in exchange for the Tenant to occupy the rental property. The Eviction Process is governed by Florida Statutes, Chapter §83, Part I for commercial rental properties and Part II for residential properties. Both the commercial and the residential Landlord Tenant statutes provide Landlords with the expedited Summary Procedure Court Process to quickly remove Tenants.

FLORIDA UNLAWFUL DETAINERS
An Unlawful Detainer occurs in circumstances where there is no exchange of monies (rent) or a time frame for the occupant to occupy the premises, thus NOT creating a Landlord-Tenant relationship. Unlawful Detainers often occur in situations when an Occupant is invited into a property by the Property Owner and the Occupant refuses to leave upon the Property Owner’s request. Unlawful Detainer actions are most commonly seen between family members, domestic partners, overstaying guests, and ex boyfriends and ex girlfriends. However, Unlawful Detainer actions also occur with Squatters. Unlawful Detainers are governed by Florida Statutes, Chapter §82 and the Property Owner has the ability to use the expedited Summary Procedure Court Process to quickly remove the unauthorized Occupant from the property.

FLORIDA EJECTMENTS
A Florida Ejectment comes into play when the person to be removed from the property claims an ownership interest in the property. Unlike a Florida Evictions or Unlawful Detainers, the Defendant in an Ejectment action has twenty (20) days to respond to the lawsuit filed against them as they are conducted in Circuit Court. The Florida Ejectment process is governed by Florida Statutes, Chapter §66 and can either be immediately filed in Circuit Court or transferred to Circuit Court if the Defendant raises an ownership interest defense in a Florida Eviction or Unlawful Detainer action.

954 Eviction Attorneys will properly analyze your particular cirmcunstances in order to help determine whether your action for removal constitutes a Florida Eviction, Ejectment, or Unlawful Detainer.

See link to:
Top Evicting Large Cities in the United States

 

Eviction Glossary | What does Eviction Mean?

A
Abandonment.  Giving up legal rights to a property in such a way as satisfies legal requirements.
Access. The right to enter a rental property.
Assessment. A special tax levied against a piece of property usually based upon some improvement benefiting that property.
Assignment. Transferring the rights and obligations under a lease to another person.
B
Bad faith. Implying or involving fraud or misrepresentation or deception or refusal to fulfill a duty.
C
Covenant.  An agreement in an agreement.
D
Damages. Money paid as restitution for a wrongful act.
Default. Committing such acts as violate the terms of a rental agreement.
E
Easement. The legal right of one party to make a certain use of part of the property of another person.
Eminent domain. The right of a government body to take private prop­erty upon the payment of just compensation.
Eviction. The legal proceeding to remove a tenant from rental property.
F
Fixtures. Items of personal property which have been attached to real property to be legally considered a part of the real property.
G
Grace period. A period of time during which a party may be allowed to be in violation of an agreement without legal consequences.
Guarantee. An agreement to pay an obligation of another.
H
Holdover. Failing to vacate a property at the end of the legal term of the tenancy.
J
Judgment. A ruling by a court deciding the rights of the parties before.
Judgement-Proof. A situation in which a judgment cannot be collected against a person.
L
Landlord. The owner of a property which has been rented or leased to another person.
Land Trust. An arrangement in which one party holds the property of another person in order to keep the ownership confidential (among other reasons).
Lease. An agreement for the use of real property for a set term.
Lessee. The tenant in a lease agreement.
Lessor. The landlord in a lease agreement.
Liability. The responsibility to pay for something such as an injury.
Lien.  A claim against a piece or property which is reflected in the title of the property.
N
Negligence. Failure to act in a way required by law.
Notice.  Formal notification of a legal situation.
O
Option. A legal right to do something such as extend a lease or buy the property.
Ordinance.   A law passed by a city, town or other municipal government.
P
Padding. Adding unnecessary fees to an account.
Personal Guarantee. The promise of an individual to be responsible for the debts of a company.
Premises. The area of property which the tenant is entitled to use.
Proration. The division of some expense between two parties usually as of a certain date.
R
Recording.  Registering an interest in real property with the gov­ernment agency in charge of keeping such records.
Release. Relieving someone of a legal obligation.
Renewal. Starting a lease over again upon its expiration.
Rent Adjustment. The raising or lowering of rent based upon some external standard.
Rent. The amount of payment required for use of a property which usually does not include other charges such as utilities.
Rental Agreement. An agreement for the use of real property, usually on a month-to month basis.
S
Security Deposit. An amount of money paid to a landlord to guarantee the tenant's performance of the terms of the lease.
Severability. The ability to enforce a legal document even if a part of it is declared illegal.
Soft Market. A rental marker in which there are many vacancies and few prospective renters.
Statute. A law passed by a state or the federal government.
Sublease. An agreement that a new tenant will lease a unit from an existing tenant.
Subordination.  The giving up of legal rights in deference to another party.
Surrender. Giving possession of real property back to the landlord.
T
Tenant. The person renting or leasing a property from another person.
Term.  The time period of a rental agreement or lease.
U
Unconscionable. When a provision in a lease shocks the conscience of a judge for him or her to declare it illegal.
Undue Burden. An obligation which is more than would be normally necessary.
W
Waiver. The giving up of a legal right.
Z
Zoning. Governmental regulations of the use or real estate.

 

***Definitions c/o
Landlord's Rights and Duties in Florida, 9E" (Landlords' Rights & Duties in Florida), Mark Warda***

 

Flat Fee Evictions with NO HIDDEN COSTS! 954 Eviction Attorneys, PLLC is the #1 firm for your eviction needs when it comes to evicting tenants in Florida. We handle both commercial and residential evictions, landlord-tenant disputes, security deposit recovery, unpaid rent, unlawful detainers, ejectments, and replevin actions.

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