Eviction Lawyer Cape Coral, FL
Eviction Lawyer Cape Coral, FL
If you’re considering eviction, whether your tenant is delinquent on rent or causing a disturbance to other residents, it’s important to comply with local eviction laws in Cape Coral. You may also want to retain an attorney to streamline the process and prevent further financial losses.
The landlord tenant lawyers at Kelley, Grant & Tanis Law provide legal advice and representation for eviction lawsuits, no matter how complex. Call our law office today at 877-871-8300 to speak to one of our team members about your eviction issue.
Although there are many websites and services which promise to file an eviction on your behalf for a very low fee, these services are very limited in what they can do under Florida law. They can help you only if the eviction is uncontested. They are not run by attorneys and they cannot give you legal advice. These services merely help fill out forms on your behalf. If any problems develop, such as the tenant disputing your eviction, you will not be able to continue using their services. You will have to continue the litigation on your own or pay more money to hire an attorney.
Our firm not only files all of the eviction pleadings on your behalf, but we also represent you at any mandatory mediations and hearings. This can become even more important if you happen to live out of state or out of county and own property locally. With a licensed attorney representing you, you never have to face the tenant.
Get legal help! Call our law offices today at 1-877-871-8300.
Steps of the Uncontested Eviction Process:
- Posting of three day notice or seven day notice
- Wait 3 or 7 days, not including weekends and holidays
- Filing of Eviction Lawsuit with the County Court
- Serve tenant with summons
- Wait 5 days
- If tenant does not answer, file Request for Default
- Clerk’s default
- Filing for Final Judgment of Eviction with Judge
- If tenant is still on the property, get writ of possession
- Writ of Possession issued
- Scheduling removal of tenant with Sheriff
The Contested Eviction Process:
The tenant has 5 days (excluding Saturdays, Sundays, and Legal Holidays) to file an answer to a landlord’s complaint. If the tenant files an answer to your complaint, the eviction becomes contested. An answer can be any type of response, even a handwritten note from the tenant to the Judge. If an answer has been submitted it is strongly advised that you retain an attorney.
After filing an answer, the case can take many unpredictable turns, depending on what the tenant said in the answer. This can lead to protracted litigation, hearings, mediation, and even trial. An attorney can help you navigate through this process and avoid the countless legal pitfalls that you may encounter. This is especially true if the tenant has paid representation or legal aid.
If you don’t have an attorney you risk losing out on rent and damages that may be due to you. In addition, you may end up having your case dismissed and having a tenant living in your property for free.
Get legal help! Call our law offices today at 1-877-871-8300.
This information applies to an uncontested tenant eviction for possession only.
Generally, an uncontested eviction can take 4 to 5 weeks to complete. Depending on the circumstances of your case, this period may be longer or shorter.
FEES & COSTS
| ONE TENANT | TWO TENANTS | THREE TENANTS | |
|---|---|---|---|
|
Court Filing Fee |
$190.00 |
$190.00 |
$190.00 |
|
Summons |
$10.00 |
$20.00 |
$30.00 |
|
Process Server |
$40.00 |
$80.00 |
$120.00 |
|
Attorney Fees |
$295.00 |
$295.00 |
$295.00 |
| Total Cost |
$535.00 |
$585.00 |
$635.00 |
Optional Services
- Upon retaining us for your eviction, we will send you a Three-Day Notice and helpful checklist at no extra cost. A fee of $80 will be charged if you would like the Firm to draft and serve a Three Day Notice or Thirty Day Notice on your tenant.
- If you choose to sue for back-rent or damage to the Premises, please contact us to discuss fees and costs.
- If this becomes a Contested Eviction Process, applicable Attorney Fees and other costs will apply.
Refund Policy
In the event that the Tenant pays or leaves within the three-day or seven-day notice period, prior to the filing of the case with the Court, then the entire amount of attorney fees is refundable less $150.00 for pre-suit legal advice. Any incurred costs for preparation
Frequently Asked Questions
- What can I do if my tenant has not paid the rent?The tenant must be served with a three-day notice demanding that the rent be paid or the tenant surrender possession of the premises within three days (excluding the day of service, weekends and holidays), unless the lease gives a different timeframe.
- How do I evict a month to month tenant?You must serve the tenant with a notice stating that the month-to-month tenancy is terminated and demanding that the tenant surrender possession at the end of the monthly period. The notice must be served at least fifteen (15) days before the end of the monthly period, and the termination date on the notice must be the last day of a monthly period.
- My tenant has failed to comply with the terms of the lease, other than non-payment of rent, and I want to evict. What can I do?If the tenant has failed to comply with material provisions of the lease, or reasonable rules and regulations governed by the Florida Statutes then the law states:
If the non-compliance is such that the tenant should be given an opportunity to cure the non-compliance, the landlord must serve the tenant with a seven day notice to cure or vacate, stating the non-compliance, and stating that the tenant has seven days to correct the non-compliance or else the lease is deemed terminated and the tenant shall vacate upon such termination. Examples of such non-compliance include but are not limited to, unauthorized guests, pets or vehicles; failing to keep the premises clean and sanitary; disturbance of other tenants by loud noises. In addition, the notice should state that if the tenant repeats the same conduct or conduct of a similar nature within twelve months, the tenancy is subject to termination without a further opportunity to cure.
- How do I serve a three-day notice, a seven-day notice or any of the other required notices?You may serve the notice yourself, or have it served by a process server that works with our firm. It is best to use a licensed process server since it eliminates mistakes and the process server will be perceived by the court as an impartial party with no stake in the matter. If you do it yourself, it’s best to have some proof that you served the notice.
- I posted a three-day notice, but the time has expired and the tenant has not paid nor vacated the premises. What happens next?
- After the period for a notice has expired, you should have an attorney file a Complaint for Removal of tenant which is served with a Summons on the tenant by the Sheriff or by a certified process server.
- The tenant has five days, excluding the day of service, weekends and holidays, to file an answer.
- If an answer is filed by the tenant, a hearing must be scheduled.
- If no answer is filed by the tenant, the attorney submits a Motion For Default, a Non-Military Affidavit, Final Judgment, and Writ of Possession.
- The Clerk enters a Default and the judge reviews the file.
- If everything is in order, the judge signs the Final Judgment.
- The file is sent back to the Clerk’s office and the Clerk’s office issues a Writ of Possession which is then sent to the Sheriff.
- The Sheriff then posts a twenty-four hour notice on the premises.
- The Sheriff will then call the landlord or the landlord’s designated agent to inquire whether the tenant has vacated the premises. If the tenant has not vacated, the sheriff will accompany the landlord at a specified date and time, to keep the peace.
- With the Sheriff present, the landlord may remove the tenant’s personal belongings from the premises.
- Can I remove a tenant myself?No, you must follow the steps outlined by the Florida Statutes, which prohibit the landlord from directly or indirectly terminating or interrupting any utility service furnished the tenant, including but not limited to, water, heat, light, electricity, gas, elevator, garbage collection or refrigeration, whether or not the utility service is under the control of or payment is made by the landlord.
You also cannot prevent the tenant from gaining reasonable access to the premises by any means such as changing the locks. You may not remove the tenant’s personal belongings from the premises unless it is after the tenant surrendered possession of the premises; after the tenant has abandoned the premises; or after a lawful eviction.
If you violate any of the above, you may be liable to the tenant for damages or three months rent, whichever is greater, plus costs and attorney’s fees.
- How long will it take to evict a non-paying tenant?The time required to evict a non-paying tenant in an uncontested eviction action can range from 4 to 6 weeks, depending on the particulars of the case and the Court’s busy schedule.
- What is the difference between an uncontested eviction and a contested eviction?Uncontested means the tenant does not dispute the eviction. If the tenant disputes the eviction and files any sort of answer, the eviction becomes contested. For example, if you sue to evict a tenant for nonpayment of rent and the tenant writes a letter to the court stating that he or she sent you the check, it becomes contested.
- I want to sue for back rent. What do I need to do?Keep in mind that it’s sometimes difficult to collect judgments against tenants. However, if you decide to sue for unpaid rent, add a count to your Complaint for unpaid rent. If the tenant does not dispute the amount of rent due, the Court will also issue a judgment for the amount of rent demanded in the Complaint.
Legal Grounds for Eviction
Cape Coral landlords should prepare for potential legal issues by requiring tenants to sign a clear and enforceable lease agreement. Transparent rules can help legitimize an eviction filing in the eyes of the court and may even prevent tenant disputes. In Cape Coral, having a well-drafted lease can make all the difference in managing tenant relationships effectively.
Some common legal reasons to evict include the following:
- Nonpayment of rent
- Damage to or misuse of the property
- Defiance of reasonable community rules
- Hosting unauthorized guests or pets
- Parking unauthorized vehicles
- Improper maintenance or health code violations
- Illegal acts
It’s also legal to evict a tenant without cause in Florida if you provide a written notice in compliance with state law. The requirements vary depending on the type of rental agreement and the terms of the lease.
Initial Steps for Eviction Process
Uncontested
If the tenant doesn’t contest your eviction notice, here’s what you can expect from the eviction process.
- The landlord or property manager gives written notice to the tenant, providing 3-7 days to vacate or cure the issue, depending on the circumstances
- If the tenant remains in the unit, the landlord files an eviction lawsuit with the Lee County Court
- The landlord or landlord/tenant attorney serves court summons to the tenant
- The Lee County Clerk enters a default
- The landlord or eviction attorney files for a Final Judgment of Eviction
- If the tenant still remains in the property, the landlord can get a writ of possession
- The property manager schedules the removal of the tenant with the Lee County Sheriff
Contested
An eviction becomes contested when the tenant responds to the landlord’s complaint within five days of receipt. The response could be as informal as a letter to the judge. In the case of a contested eviction, it’s vital to retain legal services. Litigation can be ongoing, and you may even require legal representation if the case goes to trial.
If the tenant acquires legal aid or hires an attorney, it’ll be particularly crucial to work with your own lawyer who has years of experience with local real estate law. Without legal help, it’s possible your case could be dismissed, which would allow the non-compliant renter to remain in your property.
Benefits of Professional Legal Representation
- Support of an attorney-client relationship
- Assurance of legal compliance
- Streamlined and potentially speedier eviction process
- Legal representation in the event of a trial
- Criminal defense if the tenant brings accusations of retaliatory conduct
- Help with complex legal issues that may be difficult to navigate
- Guidance to prevent future problems with tenants
How Our Cape Coral Eviction Lawyers Can Help
The eviction attorneys at Kelley, Grant & Tanis have extensive experience with the Lee County court system. Our law firm provides customized legal services to support landlords through every step in the eviction process. If you want to avoid direct contact with the tenant, we can draft an eviction notice and serve it on your behalf. We can also assist with the required filings and represent your best interests in court.
Cape Coral, FL Eviction FAQ
Do I need a lawyer to evict a tenant in Florida?
If your eviction case is complex or contested, working with an eviction lawyer is recommended. Even if you choose to forgo the help of an attorney, you must follow Florida’s legal procedures for eviction, since a self-help eviction is a punishable crime.
How long does an eviction take?
An uncontested eviction typically takes between four and five weeks to complete, but an eviction could take longer if the tenant contests, particularly if they have help from a landlord/tenant attorney.
How much notice does a landlord have to give a tenant to move out in Florida?
For residential tenancies, landlords in Florida must provide at least a three-day notice to tenants who are delinquent on rent and at least a seven-day notice for lease violations.
Choose Kelley, Grant & Tanis Law for Your Cape Coral Eviction Case
Our Cape Coral eviction lawyers are experts in local landlord-tenant law. We can make the eviction process less stressful and provide legal advice to avoid future issues. As members of the Florida Bar Association, we focus on real estate law, estate planning, and title insurance.
We’re happy to answer your questions about the eviction process or any of our other practice areas, such as real estate law and estate planning. Contact us today at 877-871-8300, so we can help you move on from eviction and go back to earning rental revenue.
Eviction Laws in Cape Coral, FL
Landlords must conduct lease terminations and eviction proceedings in accordance with Chapter 83 of the Florida statutes. Cape Coral and Lee County must follow state law for evictions. Local governments cannot create or enforce local eviction laws that conflict with state statutes, due to a law that nullifies local ordinances.
If a Landlord decides to evict a tenant, Florida law requires that the landlord deliver a written notice of lease termination before filing an eviction or unlawful detainer suit, according to the following guidelines:
- If it’s for lease violation, the landlord must serve a 7 day notice which gives the tenant seven days to cure the problem.
- If a tenant is delinquent on rent, the landlord only needs to provide a three-day notice of lease termination.
About Cape Coral
Cape Coral is a peninsula located across the Caloosahatchee River from Fort Myers, in Lee County. Home to 13 gorgeous beaches, its reefs attract a variety of marine life. The city also boasts the Cape Coral Boat Club and features an array of bars and restaurants, making it a great place for boaters to stop for a bite or a beer.
More than 216,000 people live in Cape Coral. With a warm climate and rent prices that exceed the national median, the city is also popular with real estate investors looking to grow their portfolios.
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