Eviction Lawyers Melbourne
Melbourne Eviction Lawyer
For landlords managing rental properties in Melbourne, FL, understanding the local eviction laws is crucial to maintaining your investments. The eviction process can become complicated, especially when disputes with tenants arise. At Kelley, Grant & Tanis Law, we provide expert legal assistance in cases involving non-payment of rent, lease violations, and other eviction matters.
If you are dealing with a tenant dispute, it’s important to have a Melbourne eviction attorney guide you through the legal process to ensure all steps are followed properly.
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.
Melbourne Eviction Process
Successfully managing an eviction requires following specific legal procedures. A Melbourne eviction lawyer can help you navigate the process, ensuring that all required steps are followed to avoid unnecessary complications.
Legal Grounds for Eviction
Evictions in Melbourne are typically initiated due to reasons such as non-payment of rent, property damage, or lease violations. It’s important to establish the legal grounds for eviction before taking formal action. Ensuring that proper notice is given and the process is legally compliant is essential to avoid complications.
Initial Steps in the Eviction Process
Eviction cases generally follow two paths: uncontested or contested.
Uncontested Eviction
In an uncontested eviction, the tenant fails to respond to the eviction notice. The landlord can then file an eviction lawsuit with the Brevard County Court. Legal counsel ensures that the process moves forward smoothly, reducing the risk of errors or delays.
Contested Eviction
A contested eviction occurs when the tenant disputes the eviction notice. This situation may require going to court, where the landlord must prove their case. Contested evictions often involve legal challenges and professional representation is highly recommended.
Benefits of Professional Legal Representation
Hiring a Melbourne eviction attorney provides several key advantages, including:
- Legal Expertise: Our attorneys are well-versed in Florida’s landlord-tenant laws, ensuring you meet all legal requirements.
- Precise Documentation: We ensure that all legal documents are accurately completed and filed to minimize delays.
- Court Representation: If your case goes to court, we provide the necessary representation to protect your interests.
How Our Melbourne Eviction Lawyers Can Help
At Kelley, Grant & Tanis Law, we offer a comprehensive range of legal services to guide you through the eviction process. Our team will:
- Guide You Through the Legal Process: We help you manage every stage of the eviction, ensuring compliance with local and state laws.
- Manage Filings: We take care of all necessary paperwork, ensuring everything is submitted accurately and on time.
- Provide Court Representation: If your tenant disputes the eviction, we represent you in court to help resolve the issue.
Choose Kelley, Grant & Tanis Law for Your Melbourne Eviction Case
Evicting a tenant can be a complicated and stressful process, particularly if the tenant contests the eviction. Our experienced team provides the legal guidance and representation you need to protect your investment. Contact us today at 1-877-871-8300 to start the eviction process.
About Melbourne
Melbourne, Florida, is a thriving city located on the Space Coast with a population of over 86,000 residents. The city’s strong real estate market, with home values ranging from $200,900 to over $1.35 million, offers great investment opportunities for landlords. With its rich cultural history and proximity to popular tourist destinations, Melbourne continues to attract both residents and visitors.
Neighboring cities like Palm Bay, West Melbourne, and Indian Harbour Beach provide additional amenities such as beaches, parks, and cultural festivals, making the area an attractive investment for property owners.
Frequently Asked Questions
What are the legal grounds for eviction in Melbourne?
In Melbourne, landlords can evict tenants for reasons like non-payment of rent, lease violations, or illegal activity on the property. Florida law requires that proper notice is given to the tenant before starting the eviction process. A Melbourne eviction lawyer can help ensure that you follow the proper procedures to avoid delays.
How long does the eviction process take in Melbourne?
The eviction process can range from a few weeks to a few months, depending on whether the tenant contests the eviction. Uncontested evictions tend to move more quickly, while contested cases may involve court hearings that prolong the process. Working with a lawyer can help streamline the procedure and minimize delays.
What happens if the tenant contests the eviction?
If the tenant contests the eviction, the process becomes more complicated and may involve legal defenses raised by the tenant. This can lead to a court hearing where both parties present their case. Having legal representation is essential to ensure that your case is handled properly and efficiently.
Do I need a lawyer for an eviction in Melbourne?
While you can handle an eviction on your own, hiring a lawyer ensures that the process is handled correctly and efficiently. An attorney can help you avoid costly mistakes and ensure that the eviction complies with Florida’s legal requirements, saving you time and money in the long run.
Can I evict a tenant without going to court?
In Florida, evictions must go through the court system. If the tenant does not contest the eviction, the process can be straightforward and fast. However, if the tenant disputes the eviction, court involvement will be required, and legal representation is strongly recommended to protect your interests.
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