Eviction Lawyer Palm Bay, FL
Eviction Lawyer Palm Bay, FL
If you’re a landlord, you know it’s not a passive job. You have to actively manage your property—from upkeep to finding the right tenants and ensuring they’re following the rules of your lease agreement.
But sometimes, there are problems with a tenant and you may have to evict them. According to the Florida Housing Data Clearinghouse, eviction filing rates in Brevard County accounted for a bit less than 5% of rental households in the area during 2023.
So, while evictions are not too common in the Palm Bay area, there are still instances when landlord and tenant issues may arise. Kelley, Grant & Tanis specializes in landlord-tenant matters in Palm Bay, Florida. Contact us at 877-871-8300 with any questions.
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
A landlord may pursue eviction if any of the following situations arise:
- Rent Nonpayment: Under Florida law, when a tenant fails to pay rent, it is considered a severe violation of their lease agreement, including recurring late payments. Landlords must then provide a Three-Day Notice to Pay Rent or Quit to begin the eviction process.
- Lease Termination: If a tenant does not leave the premises upon the lease’s expiration, Florida law authorizes landlords to evict for holdover. Landlords should consult their lease to see if a notice is required as oftentimes a 30 or 60 day notice of termination is mandatory. For month to month tenants a minimum 30-day notice is required.
- Breach of Lease Terms: When a tenant clearly breaches a lease provision without correction, such as having unauthorized pets, unlawful occupants, or causing damage to the property, the landlord can initiate eviction after serving a 7 day notice to cure.
As a property owner, the key to protecting your investments lies in drafting a solid rental agreement. It is vital that this document is detailed and comprehensive to protect your interests, especially during the eviction proceedings.
Initial Steps in the Eviction Process
Florida recognizes two forms of evictions: uncontested and contested. An eviction is considered uncontested if the tenant fails to answer the eviction notice. Conversely, it becomes a contested eviction if the tenant chooses to respond to the notice.
Steps for an uncontested eviction
- Serve either a three-day, seven-day, or third-day eviction notice depending on the reason for evicting
- Upon expiration of the notice proceed to file an eviction lawsuit at Broward County Court
- Serve the eviction summons to the tenant
- Give the tenant five days to respond
- If no answer is received, request a clerk’s default by filing a Request for Default
- Secure a Final Judgment of Eviction from the judge
- If the tenant is still on the property, apply for a Writ of Possession
- Once the writ is issued, work with the Broward County Sheriff for the tenant’s removal
The contested eviction process
Tenants have five days, not including Saturdays, Sundays, or legal holidays, to respond to an eviction summons from a landlord. If they answer, the eviction is officially contested. Responses can be informal, like a handwritten note to the judge.
At this juncture, it’s crucial to hire a landlord-tenant attorney due to the potential complexity of the case, which might include litigation, hearings, mediation, and trial. Without legal representation, landlords risk not only potential rent and damages but also the dismissal of their case, potentially resulting in tenants living rent-free. Reach out to us today at 877-871-8300 with any questions.
Benefits of Hiring Eviction Lawyers in Palm Bay, Florida
The eviction process can be especially daunting for landlords who have never had to evict anyone from their properties. Therefore, hiring a landlord-tenant lawyer for your legal matters can be a great decision for landlords and property managers for a few reasons:
- Specializing in eviction law, we have partnered with many landlords to streamline the eviction process for them in Palm Bay.
- We have a thorough understanding of Brevard County’s eviction laws and can effectively help landlords navigate the complexities of legal proceedings.
- Should you require legal representation in court, we are ready to advocate on your behalf and protect your interests.
- With our expertise in handling eviction cases, we can review your procedures and recommend improvements to reduce the likelihood of future evictions.
Palm Bay, Florida Eviction FAQ
1. Do you need a lawyer for eviction in Palm Bay?
No, you may file the documentation for eviction without a lawyer. However, an experienced eviction attorney can help you navigate the complexities of the eviction process and the legal issues in your specific area.
2. How long does it take to evict a Broward County non-paying tenant?
The time required to evict a non-paying tenant in an uncontested eviction action can range from 3 to 4 weeks, depending on the particulars of the case and the Court’s busy schedule.
3. What is considered a wrongful eviction in Florida?
A wrongful eviction in Florida occurs when a landlord illegally removes a tenant’s belongings, prevents the tenant from accessing the dwelling by changing the locks, or otherwise interferes with a tenant’s access to the dwelling. Self-help evictions are illegal in the state.
Choose Kelley Grant Law for Your Palm Bay Eviction Case
Ready to begin the eviction process in Palm Bay, Florida? The law office of Kelley, Grant & Tanis can help. Serving Palm Bay and landlords across South Florida, our firm has years of experience successfully evicting tenants. As members of the Florida Bar Association, we offer a range of legal services including real estate law, estate planning, and title insurance.
Get legal help if you’re dealing with a difficult tenant that needs to be evicted. Call us at 1-877-871-8300 today.
Eviction Laws in Palm Bay, FL
Florida landlord-tenant laws are spelled out in Chapter 83 of the Florida Statutes, with Part II detailing the laws regarding residential renters and the rights of landlords. It extends legal protections to landlords, which include:
- Requiring a security deposit prior to the tenant moving in
- Collecting rent per the terms set in the rental agreement
- Ability to access rental units for tasks like inspections
- Option to terminate a lease due to tenant violations
- Enforcement of the lease terms
- Making amendments to the lease conditions after providing necessary notice
- Receiving proper notice from tenants who are vacating the property
Because of these statutes, Florida law nullifies local ordinances. Should the tenant refuse to respect a FL landlord’s rights, the landlord may decide to pursue legal action against the tenant.
About Palm Bay
Palm Bay, Florida, has almost 135,000 residents and is the most populous city in Brevard County. It’s the principal city of the Palm Bay–Melbourne–Titusville Metropolitan area. Some of the best neighborhoods in Palm Bay include Bayside Lakes, Lockmar, NE Palm Bay, NW Palm Bay, and Sandy Pines. Palm Bay is about 30 miles from Vero Beach, 25 miles from Cocoa Beach, 25 miles from Rockledge, and only a few miles from Melbourne Beach. Palm Bay is about an hour from Orlando and about an hour and a half to West Palm Beach.
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