Eviction Lawyer North Lauderdale, FL
Eviction Lawyer North Lauderdale, FL
Landlords may face eviction scenarios due to unauthorized tenant activities or lease breaches.
Understanding the eviction laws in North Lauderdale is crucial for property owners and managers.
Seeking legal counsel can help navigate the complexities of the process, especially in contested situations.
The eviction attorneys at Kelley, Grant & Tanis Law have extensive experience handling landlord-tenant issues in North Lauderdale. Call our law office today at 877-871-8300 to discuss your eviction matter with our team.
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
Landlords can legally evict tenants for several reasons, including:
- Non-payment of Rent
- Violation of Lease Terms
- Property Damage
- Unauthorized Occupants or Pets
- Engaging in Illegal Activities on the Property
Having a solid and enforceable lease agreement is vital to protect your interests as a property owner. Clear terms help ensure that both parties understand their rights and responsibilities, reducing the likelihood of disputes.
Initial Steps in the Eviction Process
The eviction process in North Lauderdale, FL, can be categorized into two types: uncontested and contested. Each type requires specific actions from the landlord.
Uncontested Eviction
This occurs when a tenant does not dispute the eviction notice. The steps include:
- Serve the Appropriate Notice: Deliver a Three-Day Notice for non-payment of rent or a Seven-Day Notice for lease violations.
- Wait for the Notice Period to expire without resolution.
- File an Eviction Lawsuit: Submit a complaint to the Broward County Court.
- Serve Court Summons: Ensure the tenant receives all legal documents.
- Request a Default Judgment: If the tenant fails to respond within five business days, submit a request for default.
- Obtain a Final Judgment of Eviction: Receive the court’s approval to proceed.
- Obtain a Writ of Possession: Authorizes the sheriff to remove the tenant.
- Coordinate with the Sheriff: Arrange for the Broward County Sheriff’s Office to execute the eviction.
Contested Eviction
In contested evictions, the tenant may challenge the eviction in court or refuse to vacate by the agreed-upon date. In such cases, the landlord must:
- File a Formal Eviction Lawsuit: Present concrete legal grounds and evidence for the eviction, including documentation of unpaid rent or lease infractions.
- Attend Court Hearings: Be prepared to present your case before a judge.
- Comply with Court Orders: Follow any legal requirements set forth by the court.
Professional legal representation is highly recommended to navigate these proceedings effectively.
Benefits of Professional Legal Representation
When it comes to evicting a tenant, securing a successful outcome requires expertise and precision. Here’s how a lawyer can significantly improve your chances:
- Comprehensive Real Estate Law Insight: Attorneys that specialize in real estate law stay current on developments, navigating complexities for your benefit.
- Thorough Legal Preparation: Lawyers conduct detailed analyses of your situation and prepare precise legal documents, enhancing your chances of success.
- Effective Negotiation: Attorneys defend your rights and negotiate settlements, often resolving disputes without going to court.
How Our North Lauderdale Eviction Lawyers Can Help
Evicting a tenant in North Lauderdale can be a stressful experience, but our experienced eviction lawyers can help:
- Tailored Legal Plans: Our lawyers develop customized strategies to address your unique needs, ensuring optimal results.
- Full-Service Case Management: We handle everything from initial notices to court representation, reducing your time commitment and stress.
- Constant Communication: Stay informed with regular updates and clear explanations at every stage of the process.
- Powerful Court Representation: Our experienced attorneys will advocate for your rights and protect your best interests if there are eviction court proceedings.
North Lauderdale Eviction FAQ
What should I do if my tenant has not paid the rent?
Serve the tenant with a Three-Day Notice demanding that rent be paid or the tenant must surrender the premises within three days (excluding weekends and legal holidays), unless otherwise stated in the lease.
How long does an eviction take?
The timeline for an eviction in Florida varies, with uncontested cases potentially resolving in a few weeks, while contested cases may extend over several months.
What is considered a wrongful eviction in Florida?
In Florida, a wrongful eviction is any eviction executed without following the legal process, including evictions without judicial approval or through illegal tactics.
Can a tenant be evicted without cause in Florida?
Florida law allows for eviction without cause in situations where no formal lease exists or under month-to-month agreements, provided proper notice is given.
What is an uncontested vs. contested eviction?
Uncontested means no tenant response. Contested is when the tenant challenges the eviction in any form.
Choose Kelley, Grant & Tanis Law for Your North Lauderdale Eviction Case
Effective legal representation is crucial in eviction proceedings, and Kelley, Grant & Tanis Law are all members of the Florida Bar Association, and offer specialized, local expertise in North Lauderdale property law. Our personalized approach ensures the protection of your property investments and rights as a landlord. Contact us at 1-877-871-8300 to see how we can help.
Eviction Laws North Lauderdale, FL
Landlords in North Lauderdale must follow the legal procedures outlined in Chapter 83 of the Florida Statutes. Key aspects include:
- Proper Notice: Landlords must provide tenants with the legally prescribed notice before proceeding with eviction.
- Three-Day Notice: For non-payment of rent.
- Seven-Day Notice: For lease violations.
- Just Cause: Eviction can only be initiated for valid reasons, such as non-payment of rent, breach of lease terms, or damage to property.
- Legal Procedure: Evictions must follow a strict legal process, including filing the appropriate paperwork and possibly appearing in court.
- Prohibition of Self-Help Evictions: Actions like changing locks or removing tenant belongings without a court order are illegal.
About North Lauderdale
North Lauderdale, Florida, is a bustling urban area of southeastern Florida, housing nearly 44,579 residents. It has a relatively strong economy with a median household income of $49,426 and a decent real estate market, where property median values are $199,700, and median gross rents are $1,653.
Located just 13 miles northwest of Fort Lauderdale, the city offers a quieter living environment. It is close to Hampton Pines Park, which provides a wide array of recreational activities. North Lauderdale is also located near other enticing locales in Florida, including Tamarac, Margate, and Coral Springs.
Need assistance with an eviction in North Lauderdale?
Contact Kelley, Grant & Tanis Law today at 1-877-871-8300.
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