Eviction Lawyers Orange County, FL
Orange County Eviction Lawyer
Understanding local eviction laws is crucial for landlords managing rental properties in Orange County, FL. The eviction process can quickly become complicated, especially when disputes arise between landlords and tenants. At Kelley, Grant & Tanis Law, we specialize in handling cases related to non-payment, lease violations, and other legal eviction matters.
If you’re facing tenant-related issues, engaging with an Orange County eviction attorney can help guide you through the process while protecting your rights. Legal counsel can make all the difference in ensuring that the eviction is handled 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.
Orange County Eviction Process
Evicting a tenant in Orange County involves multiple steps, and having the support of an experienced attorney can help ensure everything is done correctly and efficiently.
Legal Grounds for Eviction
Landlords in Orange County can evict tenants for several reasons, including non-payment of rent, lease violations, or illegal activities on the property. A well-constructed lease agreement helps protect your rights as a landlord. If disputes arise, early legal intervention can help ensure the eviction process is managed properly and in compliance with local laws.
Initial Steps in the Eviction Process
Evictions in Orange County can either be uncontested or contested, and each requires a different approach.
Uncontested
An uncontested eviction occurs when the tenant does not challenge the eviction notice. After serving the tenant with a notice, they may vacate the property without further legal action. If the tenant complies, the process typically concludes without the need for a court hearing.
Contested
A contested eviction arises when the tenant disputes the notice or refuses to vacate. In this case, the landlord must present evidence, such as unpaid rent or lease violations, to support the eviction in court. Having an Orange County eviction attorney can be crucial to navigating the complexities of a contested eviction and ensuring a favorable outcome.
Benefits of Professional Legal Representation
Hiring an experienced eviction attorney can greatly improve the chances of a smooth and successful eviction. Here’s how:
- Local Expertise: An Orange County eviction lawyer is familiar with the local laws and processes, ensuring compliance with legal requirements.
- Accurate Documentation: Legal representation ensures that all necessary paperwork is properly prepared and filed, reducing the risk of delays due to errors.
- Strategic Advocacy: Attorneys can negotiate settlements and help resolve disputes before they escalate into lengthy legal battles.
How Our Orange County Eviction Lawyers Can Help
Managing an eviction without legal support can be risky, but our experienced team is here to help. Here’s how we assist landlords:
- Complete Process Management: From filing notices to representing you in court, we handle every aspect of the eviction process, ensuring a smooth and efficient outcome.
- Tailored Legal Solutions: We customize our approach based on your specific situation, ensuring the best possible results.
- Clear Communication: We provide regular updates and clear guidance throughout the eviction process, so you always know what to expect.
- Skilled Court Representation: If your case proceeds to court, we offer strong advocacy to protect your rights and interests.
Choose Kelley, Grant & Tanis Law for Your Orange County Eviction Case
Selecting the right legal representation is essential in eviction cases. At Kelley, Grant & Tanis Law, we have extensive experience with the eviction process in Orange County and are committed to protecting your property rights. Contact us at 1-877-871-8300 to learn how we can assist with your eviction case.
About Orange County
Orange County, Florida, is home to over 1.37 million residents and is part of the thriving Orlando metropolitan area. Known for its booming economy, supported by industries such as tourism, entertainment, health care, and education, the region offers significant opportunities for property investors and landlords. The high demand for rental properties in Orange County creates a dynamic market, but it also brings the potential for tenant disputes. Landlords in this growing region can benefit from legal support when dealing with evictions to protect their investments and ensure smooth rental operations.
Frequently Asked Questions
What is the difference between an uncontested and contested eviction?
An uncontested eviction occurs when the tenant does not dispute the eviction notice and vacates the property as required. A contested eviction happens when the tenant challenges the notice, leading to legal proceedings in court. Contested evictions are often more complex and typically require legal representation to ensure a favorable outcome.
How do I serve notice to a tenant in Orange County?
To begin the eviction process, you must serve the tenant with a written notice explaining the reason for eviction, such as non-payment of rent or a lease violation. The notice must comply with Florida’s legal requirements, and the type of notice depends on the reason for eviction. Proper service of notice is critical to initiating the eviction process.
Can I evict a tenant for non-payment of rent?
Yes, non-payment of rent is a valid legal reason for eviction in Orange County. After serving the tenant with the proper notice, they must either pay the overdue rent or vacate the property. If they fail to comply, you can proceed with filing an eviction lawsuit.
What are the risks of handling an eviction without an attorney?
Handling an eviction without legal representation can result in procedural mistakes, such as incorrect paperwork or improper service of notice, which could delay or dismiss your case. An attorney ensures that all legal steps are properly followed, improving the chances of a successful outcome.
How long does the eviction process take in Orange County?
An uncontested eviction typically takes around four to six weeks, depending on the court’s schedule. Contested evictions can take longer, as they involve legal proceedings and additional court appearances, which can extend the timeline.
Orange County, Florida, is a thriving and diverse place with over 1.37 million residents. Orange County has many cities, towns, and neighborhoods to suit different preferences and needs. Orange County is also part of the Orlando metropolitan area, which is one of the fastest-growing regions in the country. Orange County’s economy is supported by various industries, such as tourism, entertainment, health care, and education. Orange County’s rental market is booming, with high occupancy rates and rental prices. Orange County is a great place for landlords who want to invest in a prosperous and growing community.
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