Landlord-tenant matters involve the use and possession of land by a lease. A Florida eviction is the legal process by which a landlord seeks possession of the property from the tenant. The most common reason for an eviction is the nonpayment of rent. However, a breach of a material condition of the lease can also be the basis for an eviction. Residential and commercial property are governed by different Florida laws and therefore different procedures apply.
In Florida, a landlord cannot simply use self-help measures and forcibly remove a tenant without an order from the Court. Changing a tenant’s locks, cutting off electricity, air conditioning or other services are all prohibited self-help measures. A tenant has a legal right to damages against a landlord that uses self-help measures to remove a tenant.
At Sejpal Law Firm, we have the expertise to give you the peace of mind and confidence that your Eviction case will be professionally handled from start to finish, and at the same time we always strive to provide our clients with the most competitive rate plan for their uncontested Residential and Commercial Evictions.
Real estate eviction cases are fast-track cases which means that their timely resolution is a priority. Before a landlord can evict a tenant, the landlord must give that tenant either a three-day or seven-day notice to cure and/or vacate. Thereafter, an eviction case can be filed in Court to put possession of the property back in the hands of the landlord.
An uncontested eviction occurs when the tenant refuses to respond at any point in the court process. If the tenant does respond to the court papers, however, the case takes a different turn.
The tenant’s response makes the case a contested eviction. Contested evictions are much more complex, and these are the ones that can cause serious trouble for landlords. Various forms of litigation and even courtroom trials can result. .
Eviction cases have specific time deadlines and procedural requirements. Failure to follow these guidelines may result in the dismissal of your eviction case or in the case of a tenant, the issuance of a final judgment against you.
At Sejpal Law Firm, PA we have dealt with numerous evictions and can ensure your eviction is handled efficiently and swiftly. Our service begins with a thorough pre-filing status review of your case to determine and address any potentially problematic areas you may have in your case. After the filing of your case, our office continuously updates the status of the file and advises you of any changes in your case and the important dates when there will be significant activity expected. Based on our experience, we generally anticipate the completion of the litigation phase of the uncontested Eviction, (when the Writ of Possession is issued) to occur within 30 days from the filing of your case.