LEGAL GUIDE
Written by attorney William H. Kassebaum | Mar 6, 2013

The Realtor's Guide to Florida Law- Landlord/Tenant -Evictions -8th edition

You may find the complete landlord tenant manual that we use to instruct the Sun Coast Apartment Association, the largest board of Realtors in the country - The Miami Board of Realtors as well as the Greater Ft. Lauderdale Board.

Should you need a quick reference you may go to http://www.kralawyers.com and go to "client resources" and click on Realtors Guide or Property Manager's guide to Landlord/Tenant -Evictions.

The Firm Kassebaum Robinson & Abelairas, P.A. provides clients with a trusted lawyer to handle evictions matters throughout the State of Florida. Kassebaum Robinson & Abelairas, P.A.'s knowledge along with a high volume of cases allows us to utilize this experience to make your case as smooth and quick as possible, for the lowest possible fees. We offer a no fee free initial consultation to all prospective clients. We will even prepare a three-day notice for you at no additional charge when you open an eviction file with us. In order to file your eviction, we require a copy of a legally valid three (3) day notice either prepared by us or you and a copy of your Lease agreement. Evictions typically take four to six weeks when the eviction is uncontested. In addition to filing for eviction, we can assist the Landlord in obtaining a monetary judgment against the Tenant for unpaid rent. Frequently Asked Questions about Landlord Evictions -How do you evict a Tenant who is behind in their rent? The first step is to serve the Tenant with a notice to pay or vacate. Often times, this is a 3-day notice; however, this period of time can be longer depending on the lease or whether the rent is required to be delivered. Improperly preparing your notice can sometimes result in the Court dismissing your eviction case and resulting in having to re-file the case at additional cost and you may be required to pay the Tenant's attorney's fees which can cost thousands of dollars. The 3-day notice can only include the actual amount of rent owed. It cannot include any late fees, interest, or any other fees or charges which are not defined as additional rent in your lease. If you choose to prepare your own 3-day notice, we will review it for you at no additional charge, or you can have the Firm prepare your notice at no additional charge by opening an eviction file with us. How long does an eviction typically take until the Tenant is removed? Usually, the process takes 4 to 6 weeks, although this period of time can be shorter or longer depending on the individual circumstances of your case. After your notice is served and the notice period has expired in which the Tenant is allowed to pay, the eviction complaint needs to be filed with the Court. After filing, the summons and complaint for tenant eviction will be served on the Tenant by our process servers. After service is completed, the Tenant has 5 days, not including weekends or legal holidays to answer the complaint and post money in the Court Registry. If the Tenant fails to answer the complaint and post money in the court registry, the Court will issue a default judgment against them. Upon issuance of the Judgment, a Writ of Possession is issued to the Sheriff to instruct the Sheriff to remove the Tenant from the Property. The Sheriff posts a first "warning" notice instructing the Tenant to vacate the premises within 24 hours. If the Tenant fails to vacate voluntarily, the Sheriff will return, usually within a one-week period to remove the Tenant from the premises. Can I also sue my Tenant for Rent? Yes. Although it is often difficult to collect judgments against Tenants, we can add a claim for unpaid rent to your eviction Complaint. If the Tenant does not dispute the amount of rent due, the Court will also issue the Landlord a judgment for the amount of rent demanded in the Complaint. I need to evict someone right away. How quickly can I get started? We can begin your case as soon as we received a valid 3-day notice and a copy of the Lease (if there is one), an itemization of the amount of rent due, and payment in full for our fees and costs. What is the difference between an "Assisted Eviction Service" and using an Eviction Law Firm? As assisted eviction service merely takes the information you provide them and fills out a pre-fabricated form which may or may not apply to your particular eviction matter. An assisted eviction service is not run by attorneys and they cannot provide you with legal advice. If there is any problem with your eviction, or if your Tenant disputes any part of the eviction in any way, the Landlord is responsible for resolving it own their own, since the eviction service cannot give any legal advice. As a result, many evictions that started with an assisted eviction service may stall midway through the process and could take substantially longer to complete. However, when you Kassebaum Robinson & Abelairas, P.A., the entire process is handled for you from beginning to end, regardless of what unexpected events transpire during the proceedings. Best of all, our eviction fees are usually approximately those charged by an assisted eviction service. Since it prices are monetarily significant there is no reason not to utilize an eviction law firm. When you need an experienced Florida eviction attorney, or help in a wide range of other legal issues, contact us!

Additional resources provided by the author

Broward County Clerk of Courts- http://www.miami-dadeclerk.com Miami-Dade County Clerk of Courts- http://www.browardclerk.org/ Palm Beach County Clerk of Courts- http://www.mypalmbeachclerk.com

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