Evictions

The law firm of Kelley, Grant & Tanis, P.A. assists landlords with evicting tenants throughout the state of Florida. Reasons for eviction include non-payment of rent, expiration of a lease, termination of a month-to-month tenancy, and tenant misconduct.

About Florida Evictions

Although the law allows you to evict a tenant by yourself, there are significant risks to not seeking the help of an experienced attorney. The eviction process is complex and filled with many legal pitfalls. If your paperwork is incorrect and the tenant contests the eviction, you could find yourself paying attorney's fees and damages if the tenant wins. You might also be caught up in protracted litigation that ultimately costs you additional money and unpaid rent. Call us today to get your eviction done correctly and efficiently.

Although many websites and services promise to file an eviction on your behalf for a very low fee, these services are limited in what they can do under Florida law. They can help only if the eviction is uncontested. They are not run by attorneys and they cannot give you legal advice. They 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 becomes even more important if you 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.

The Eviction Process

Steps of the Uncontested Eviction Process

1. Posting of a three-day notice or seven-day notice.
2. Wait three or seven days, not including weekends and holidays.
3. Filing of the eviction lawsuit with the county court.
4. Serve the tenant with the summons.
5. Wait five days.
6. If the tenant does not answer, file a Request for Default.
7. Clerk's default is entered.
8. File for a Final Judgment of Eviction with the judge.
9. If the tenant is still on the property, request a writ of possession.
10. Writ of Possession is issued.
11. Schedule removal of the tenant with the Sheriff.

The Contested Eviction Process

The tenant has five days (excluding Saturdays, Sundays, and legal holidays) to file an answer to a landlord's complaint. If the tenant files an answer, the eviction becomes contested. An answer can be any type of response, even a handwritten note from the tenant to the judge. Once an answer has been submitted, it is strongly advised that you retain an attorney.

After an answer is filed, the case can take many unpredictable turns depending on what the tenant raised. This can lead to protracted litigation, hearings, mediation, and even trial. An attorney helps you navigate the process and avoid the legal pitfalls you may encounter, which matters even more if the tenant has paid representation or legal aid.

Without an attorney, you risk losing rent and damages that may be due to you. You may also end up having your case dismissed, leaving a tenant living in your property for free. Contested matters are quoted case by case.

Eviction Pricing

This pricing applies to an uncontested tenant eviction for possession only. Generally, an uncontested eviction takes about 4 to 5 weeks to complete. Depending on the circumstances of your case, this period may be longer or shorter.

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 applies 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 the matter becomes a contested eviction, applicable attorney fees and other costs will apply.

Refund Policy

If 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 of your case are non-refundable.

Eviction Quick Reference

Florida Eviction FAQs