Eviction Lawyer Delray Beach, FL
Eviction Lawyer Delray Beach, FL
It’s important for landlords and property managers to understand the laws governing the eviction process in Delray Beach. In most cases, it’s beneficial to seek legal counsel, especially for complex or contested eviction proceedings.
The eviction attorneys at Kelley, Grant & Tanis Law have years of experience handling landlord-tenant legal issues in Delray Beach. 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
If a landlord decides to evict a tenant, Florida law requires that they provide a written notice to the tenant, following the requirements outlined in Chapter 83 of the Florida statutes.
Common reasons for Florida landlords to evict tenants include:
- Property destruction, damage, or misuse
- Failure to follow reasonable community guidelines
- Unauthorized guests or pets
- Parking violations
- Failure to maintain the cleanliness or condition of the property
- Committing illegal acts
Initial Steps in the Eviction Process
If a tenant responds to your eviction notice by moving out, your work is done. If they remain in the unit, however, you’ll need to file for eviction. The process varies depending on whether the tenant contests your complaint.
Uncontested
If the tenant doesn’t contest, here’s what you can expect from the eviction process:
- The landlord gives a three to seven-day notice of lease termination
- The landlord waits three to seven days for the tenant to vacate or fix the problem
- If the tenant doesn’t respond, the landlord files for eviction with the Palm Beach County court
- A process serve serves the tenant with court summons
- The Palm Beach County Clerk enters a default if the tenant fails to respond to the summons.
- The landlord or attorney files a Final Judgment of Eviction
- If the tenant still fails to vacate, the landlord obtains a writ of possession
- The landlord coordinates with the Palm Beach County sheriff to remove the tenant from the premises
Contested
If the tenant contests your complaint, the eviction process gets more complex. You should strongly consider retaining legal representation, especially if your tenant hires a lawyer. Litigation could go on for many weeks and lead to mediation or a trial. Without help from a landlord tenant attorney, the case could be decided in favor of the tenant. If that happens, could owe attorney fees and court costs.
Benefits of Legal Representation
Working with a landlord tenant lawyer has many benefits, including:
- Ensure legal compliance with eviction laws in the state of Florida
- Complete eviction paperwork, which saves you time
- Legal representation should the case go to trial
- Help with complex legal issues, like claims of retaliatory conduct
- Legal advice and assistance with lease agreements to avoid tenant disputes in the future
How Our Delray Beach Eviction Lawyers Can Help
Our eviction attorneys serving Delray Beach bring years of experience with the local courts and judges in Palm Beach County. Kelley, Grant & Tanis provides a variety of legal services designed to streamline the eviction process, so you can get back to managing your real estate portfolio and earning rental revenue. We’re here to support you every step of the way, from serving the eviction notice to representing your interest in an eviction trial.
Delray Beach, Florida Eviction FAQ
How long does it take to evict a tenant in Florida?
While you can terminate a Florida lease agreement in just three days for nonpayment of rent, it typically takes four to five weeks to evict a tenant if they don’t vacate the unit voluntarily. A contested eviction can take even longer.
Who pays legal fees for evictions in Florida?
Florida law states the non prevailing party in an eviction lawsuit is responsible for covering reasonable legal fees incurred by both parties. If the judge rules in favor of the landlord, the landlord can recover their legal expenses from the tenant.
Where can I find a reputable eviction lawyer in Delray Beach, FL?
The eviction lawyers at Kelley, Grant & Tanis have the local experience required to handle even the most complicated eviction lawsuits, and team members are standing by to discuss your eviction matter.
Choose Kelley, Grant & Tanis Law for Your Delray Beach Eviction Case
Delray Beach, FL landlords deserve a knowledgeable and experienced advocate to assist with the eviction process. The attorneys at Kelley, Grant & Tanis can help with the more complex issues in tenant law making the process painless, no matter the circumstances.
Whether you’re considering filing for eviction or you need other services related to real estate law, such as estate planning, our lawyers have your back. Contact us today at 877-871-8300.
Eviction Laws in Delray Beach, FL
Landlords in Delray Beach must follow the legal process outlined in Chapter 83 of the Florida statutes.
For residential tenancies, the law requires landlords to provide written notice before terminating a tenancy.
Landlords must provide a three-day notice for lease termination due to nonpayment of rent and a seven-day notice for lease violations.
Self-help evictions are illegal in the Sunshine State, so it’s crucial to follow the legal procedures for eviction to avoid committing a criminal offense.
About Delray Beach
Delray Beach is a charming South Florida city located between Boynton Beach and Boca Raton. A city of about 67,000 residents, most of them homeowners, Delray Beach is known for the fun nightlife and vibrant cultural attractions that comprise main street. Visitors can escape the chaos of Miami while still enjoying a lively night out. The warm climate and beautiful public beaches also invite migration and tourism to Delray Beach.
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