Eviction Lawyer Margate, FL
Eviction Lawyer Margate, FL
The eviction attorneys at Kelley, Grant & Tanis Law have years of experience serving Margate landlords. It’s best to get support from an attorney who specializes in landlord tenant law, even if your case doesn’t seem complex. Call our law office today at 877-871-8300 to speak with one of our team members.
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
While Florida landlords can legally terminate a lease for a variety of reasons, they must provide written notice in accordance with state law. For non-renewal of a lease or a termination of a month to month tenancy this usually requires a 30 days’ notice before the end of the term for residential tenancies. If the tenant falls behind on rent then a three days notice is required, and if a tenant violates the lease, the landlord needs to provide a seven days notice to cure before filing for eviction.
Some common legal reasons to evict a tenant include:
- Unpaid rent
- Damage to the property
- Unauthorized residents, guests, or pets
- Unauthorized vehicles in the parking lot
- Health code violations or improper maintenance
- Violation of community guidelines
- Illegal acts
Initial Steps in the Eviction Process
If the tenant does not move out after you provide written notice, you’ll need to begin eviction proceedings, since self-help evictions are illegal in Florida. The process and timeline will depend on whether or not the tenant contests your complaint.
Uncontested
If the tenant remains in the property after your eviction notice expires without correcting the issue or vacating, follow these steps to complete the tenant eviction:
- File for eviction with the Broward County Court
- Serve the tenant with a court summons
- Wait for the tenant to respond and then file a default with the Broward County Court
- File a Final Judgment of Eviction
- Obtain a writ of possession if the tenant fails to vacate
- Arrange for the Broward County Sheriff to remove the tenant
Contested
If the tenant contests the eviction notice, litigation may become complicated and result in mediation or a trial. If this happens, it’s important to retain a landlord tenant attorney who is familiar with the process and can represent you in court if necessary. It’s especially crucial to work with a lawyer if the tenant has their own legal representation. Losing an eviction case can result in significant financial losses, and if your case is dismissed, you could get stuck with a non-compliant or delinquent renter who is legally allowed to remain in the unit.
Benefits of Professional Legal Representation
An experienced lawyer representing a lawyer can:
- Serve the tenant with an eviction notice on your behalf
- Fill out the eviction paperwork
- Ensure compliance with state law
- Avoid costly delays and attorney fees if you lose your case
- Represent you in court
- Defend you from claims of retaliatory conduct or other complex legal issues
- Assist you with drafting new lease agreements
- Provide legal advice to help you avoid future evictions
How Our Margate Eviction Lawyers Can Help
The attorneys at Kelley, Grant & Tanis provide a full range of legal services that streamline the eviction process for Margate, FL landlords and property managers. Our law firm has worked extensively with the judges in the Broward County court system, winning many evictions and unlawful detainer lawsuits. We’re here to support you every step of the way, from drafting an eviction notice to obtaining a writ of possession, and we can ensure complete compliance with eviction laws in the state of Florida.
Margate, Florida Eviction FAQ
Do you need a lawyer for eviction in Florida?
While Florida’s county courts do not require landlords to have legal representation in eviction cases, it is often recommended to avoid costly mistakes that landlords often make. Representation normally comes with legal advice for these procedural and complex issues. The Florida Bar Association maintains a lawyer directory. To get help from an attorney with local expertise, Margate landlords should contact Kelley, Grant & Tanis Law at 561-672-1161.
How long does it take to evict a tenant in Florida?
Uncontested evictions generally take around three to four weeks. If the tenant contests, the case normally takes up to 6-8 weeks depending on what a Judge decides. It’s important to hire an attorney for contested evictions. Note that evictions during the holiday season are subject to delays.
How much does it cost to retain an eviction lawyer?
The cost to retain an eviction attorney varies based on several factors. For uncontested evictions with support from Kelley, Grant & Tanis Law, you can expect to spend less than $600 for one or two tenants, but additional fees apply if you want to recover back-rent or reimbursement for damages. Contested evictions may cost more, but if you prevail, you can try to recover your legal fees from the tenant.
Choose Kelley, Grant & Tanis Law for Your Margate Eviction Case
Our attorneys bring knowledge, experience, and individual attention to each of our practice areas in real estate law, and we have extensive local expertise with evictions in the Broward County court system. Call us at 877-871-8300 to find out how we can help with your eviction case.
Eviction Laws in Margate, FL
Florida eviction procedures are outlined in Chapter 83 of the state statutes. Due to a law that nullifies local ordinances, Broward County does not impose its own municipal rules regarding eviction. Landlords across the state must provide written notice when terminating residential tenancies, either by mail or in person, as follows:
- Three days notice for nonpayment of rent
- Seven days notice with the opportunity to cure the problem for all other tenant lease violations
- Thirty days notice for terminating a month to month tenancy
About Margate
Margate is located in South Florida about 20 minutes from the Fort Lauderdale-Hollywood International Airport. Home to more than 58,000 residents, Margate has a safe, small-town vibe, with abundant trees and miles of canals. The city is home to Calypso Cove water park, located nearby Coral Square Mall, and features a variety of dining options that appeal to families.
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