Eviction Lawyers Hollywood
Hollywood Eviction Lawyer
For landlords managing rental properties in Hollywood, FL, a clear understanding of eviction laws is essential to protecting your investments. The eviction process can become challenging, especially when disputes arise between landlords and tenants. At Kelley, Grant & Tanis Law, we focus on handling eviction cases, including non-payment, lease infractions, and other eviction-related legal issues.
If you’re dealing with tenant disputes, engaging with a Hollywood eviction attorney can help resolve matters effectively and ensure compliance with local standards and practices.
If you are facing a problem evicting your tenant, you have come to the right place. As Hollywood eviction attorneys we can help you resolve any disputes that arise between you and your tenant. Trying to do this on your own can cause you to lose your case in litigation or court.
Many private homeowners rent property to tenants as a source of income, and these landlords can greatly benefit from legal counsel, should an eviction arise.
Sometimes disputes arise between landlords and tenants. A tenant eviction can be difficult if you aren’t able to seek help and counsel from a Hollywood eviction attorney. Local standards and practices are important when dealing with a tenant dispute.
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.
Hollywood Eviction Process
Navigating the eviction process in Hollywood requires a series of carefully executed steps to avoid legal complications and delays.
Legal Grounds for Eviction
Landlords in Hollywood may pursue eviction for various reasons, including non-payment of rent, lease violations, or illegal activity. Having a well-drafted lease agreement strengthens the process and helps prevent complications.
Initial Steps in the Eviction Process
Evictions typically fall into two categories: uncontested and contested, with different legal approaches depending on the tenant’s response.
Uncontested
In uncontested evictions, tenants do not respond to the eviction notice, making the process relatively straightforward. After serving the proper notice, if the tenant fails to vacate, the next step is to file an eviction lawsuit and seek assistance from the local court.
Contested
A contested eviction occurs when the tenant disputes the eviction notice. In such cases, landlords must present their case in court, often requiring the assistance of legal representation. This can be a more complex process, especially if the tenant hires an attorney to contest the eviction.
Benefits of Professional Legal Representation
Having an eviction attorney offers multiple advantages:
- Expert Guidance: We understand Hollywood’s specific eviction laws and requirements.
- Accurate Filings: We ensure all necessary documentation is submitted accurately, minimizing the risk of delays.
- Court Representation: Our team represents your case in court, advocating for your rights as a landlord.
How Our Hollywood Eviction Lawyers Can Help
Kelley, Grant & Tanis Law offers a full range of eviction-related legal services, ensuring that every step of the process is managed effectively. Our services include:
- Step-by-Step Legal Guidance: We help you navigate through each phase of the eviction process.
- Timely and Accurate Filings: Our firm handles all the necessary filings and paperwork to prevent costly errors.
- Tailored Legal Support: We customize our approach to suit your specific eviction needs, offering personalized legal advice.
- Experienced Court Advocacy: If the eviction becomes contested, we handle the legal proceedings on your behalf.
Choose Kelley, Grant & Tanis Law for Your Hollywood Eviction Case
When it comes to evictions, having experienced legal counsel is crucial for navigating Hollywood’s local landlord-tenant laws. Call us at 1-877-871-8300 to get started on your case.
About Hollywood
Hollywood, Florida, is a diverse and growing city with a population of over 152,650. Known for its beautiful beaches and historic downtown, Hollywood offers a lively rental market. Landlords in the area have the opportunity to invest in a thriving real estate market, making it a prime location for both tenants and property investors.
With a steady demand for rental properties, Hollywood offers landlords the chance to generate significant returns on their investments. Some of the surrounding cities include Hallandale Beach, Pembroke Pines, Dania Beach, and Fort Lauderdale, creating a robust market for landlords seeking growth opportunities.
Frequently Asked Questions
What are the typical reasons for eviction in Hollywood?
Landlords may initiate an eviction for several reasons, including non-payment of rent, lease violations, or illegal activity on the property. Clear lease agreements help facilitate the process.
How do I begin the eviction process in Hollywood?
To begin the process, a landlord must serve a formal eviction notice to the tenant. If the tenant does not comply, you may then file an eviction lawsuit in the local county court with the help of an attorney.
How long does an eviction take in Hollywood?
An uncontested eviction usually takes around four to six weeks, depending on court availability. Contested evictions may take longer due to court hearings and legal challenges.
Can I evict a tenant without a lawyer in Hollywood?
While legally possible, attempting an eviction without legal representation increases the risk of errors, which can result in delays or a dismissal of the case. Legal counsel ensures that the process follows Florida’s eviction laws.
What should I do if my tenant contests the eviction?
If the tenant disputes the eviction, the case may proceed to litigation or a court hearing. At this point, retaining an eviction lawyer is highly recommended to protect your rights and navigate the legal complexities.
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