Eviction Lawyer West Palm Beach, FL
West Palm Beach Eviction Attorney with a Local Office, Evictions for $295
West Palm Beach sits at the center of Palm Beach County’s rental market, and landlords here deal with a layered set of rules. Beyond the statewide eviction procedures under Chapter 83, both the City of West Palm Beach and Palm Beach County have adopted local ordinances requiring 60 days’ notice for certain lease terminations and rent increases over 5%. Whether those local rules remain enforceable after Florida’s 2023 statewide preemption law is a developing legal question, and serving the wrong notice period can derail your entire case.
Kelley, Grant & Tanis Law has an office in West Palm Beach at 1645 Palm Beach Lakes Blvd, Suite 1200-3, minutes from the Palm Beach County courthouse where eviction cases are filed. We handle every stage of the eviction process, from advising on which notice period applies to coordinating with the Palm Beach County Sheriff’s Office for the writ of possession.
Ready to start your eviction? Call 877-871-8300 or contact us online to speak with our team. We’ll review your lease, determine the correct notice requirements, and begin the filing process.
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.
What a West Palm Beach Eviction Costs
Our attorney fee for an uncontested residential eviction is $295. That covers preparing and filing the complaint, all court filings through final judgment, and representation at any hearings. You don’t set foot in a courtroom.
Court costs and service fees are paid separately and depend on the number of tenants named in the complaint:
| Cost | One Tenant | Two Tenants | Three Tenants |
|---|---|---|---|
| Attorney Fee | $295.00 | $285.00 | $295.00 |
| Court Filing Fee | $190.00 | $190.00 | $190.00 |
| Summons | $10.00 | $20.00 | $30.00 |
| Process Server | $40.00 | $80.00 | $120.00 |
| Total | $515.00 | $565.00 | $615.00 |
Optional add-ons: We can draft and serve a Three-Day or Thirty-Day Notice on your behalf for $80. If you retain us for the eviction, we send you the notice and a step-by-step checklist at no extra cost.
Refund policy: If the tenant pays or vacates during the notice period before we file with the court, all attorney fees are refunded minus $150 for pre-suit legal advice.
Want to sue for back rent or property damage? Contact us to discuss additional fees and costs.
Notice Requirements in West Palm Beach: State Law vs. Local Ordinances
This is where West Palm Beach gets more complicated than most Florida cities, and it’s the main reason landlords here benefit from legal counsel before serving any notice.
Under Chapter 83 of the Florida Statutes, the statewide notice period for terminating a month-to-month tenancy is 30 days. However, two local ordinances added longer requirements:
- West Palm Beach Ordinance No. 5007-22 requires landlords to provide 60 days’ written notice before terminating a residential lease or increasing rent by more than 5%.
- Palm Beach County Ordinance 2022-027 has the same 60-day requirement for rent increases over 5%, lease non-renewals, and termination of at-will tenancies. Violations can result in fines of $1,000 per day for a first offense and up to $15,000 for irreversible violations.
Then came Florida’s 2023 preemption law (Section 83.425, F.S.), which preempts local landlord-tenant regulations that conflict with Chapter 83. The legal question of whether these specific local ordinances survive the statewide preemption is still developing. In at least one Palm Beach County court case, the 60-day local notice was enforced even after the statewide preemption took effect.
The practical takeaway for landlords: serving the wrong notice period is a risk in either direction. Serve only 30 days and a judge enforces the local ordinance, and your case gets dismissed. Our attorneys advise on which notice applies to your specific situation so you don’t have to guess.
How Long a West Palm Beach Eviction Takes
An uncontested eviction, where the tenant doesn’t file an answer, typically takes four to five weeks from the date we file the complaint with the Palm Beach County Clerk of the Circuit Court. Contested cases take longer depending on whether the tenant raises defenses or takes the case to trial.
| Uncontested | Contested | |
|---|---|---|
| Timeline | 4–5 weeks | 6 weeks to several months |
| Tenant response | None filed within 5 business days | Any written response, even a handwritten note to the judge |
| Court appearances | Typically none required from the landlord | Hearings, possible trial |
| Attorney involvement | We handle all filings and coordinate with the sheriff | We represent you in all proceedings, motions, and negotiations |
| Risk without a lawyer | Moderate; paperwork errors cause delays | High; procedural mistakes can result in dismissal and you paying the tenant’s attorney fees |
If the tenant files any kind of answer, the eviction is contested. The court schedules a trial at which both parties present their case. If the tenant has legal aid or hired counsel and you don’t, the court won’t cut you slack on procedural requirements.
The West Palm Beach Eviction Process Step by Step
Florida landlords must follow the procedures in Chapter 83 of the Florida Statutes. There are no shortcuts. Self-help evictions (changing locks, cutting utilities, removing belongings) are illegal and can result in you owing the tenant three months’ rent plus their attorney fees.
Step 1: Serve the Correct Notice
The type and length of notice depends on why you’re evicting and whether local ordinances apply:
Three-Day Notice, used for nonpayment of rent. The tenant has three days (excluding weekends and legal holidays) to pay in full or vacate. Download our Three-Day Notice form with instructions.
Seven-Day Notice to Cure, used for lease violations other than nonpayment, including unauthorized pets, guests, vehicles, noise, property damage, or failure to maintain the unit.
Seven-Day Unconditional Quit Notice, used for repeated violations of the same type within 12 months, or for violations that cannot be cured.
Thirty-Day or Sixty-Day Notice, used to terminate a month-to-month tenancy. Florida’s statewide standard is 30 days, but West Palm Beach and Palm Beach County ordinances may require 60 days. Contact our office to confirm which applies to your property.
Step 2: File the Eviction Complaint
If the tenant doesn’t comply with the notice, we file a Complaint for Removal of Tenant with the Palm Beach County Clerk of the Circuit Court & Comptroller. The filing fee is $190 for an eviction-only action. The main courthouse is located at 205 North Dixie Highway in West Palm Beach.
Step 3: Serve the Tenant with a Summons
The tenant must be formally served, either by the Palm Beach County Sheriff’s Office or a licensed process server. Once served, the tenant has five business days to file an answer.
Step 4: Obtain Judgment
If no answer is filed: We request a default from the clerk, submit a Non-Military Affidavit, and file for Final Judgment of Eviction. Once the judge signs, the clerk issues a Writ of Possession.
If an answer is filed: The court schedules a trial. We represent you through all proceedings and present your case to the judge.
Step 5: Writ of Possession and Sheriff Removal
The Palm Beach County Sheriff’s Office posts a 24-hour notice on the property. If the tenant still hasn’t left, the sheriff returns with the landlord (or the landlord’s representative) to supervise the removal of the tenant’s belongings. The sheriff’s fee for service of the writ in Palm Beach County is $90.
Why Use an Attorney Instead of a Document-Preparation Service
Online eviction-filing services can’t advise you on whether West Palm Beach’s local 60-day notice ordinance applies to your property or whether the statewide 30-day period controls. They can’t represent you in court if the tenant files an answer, and they can’t attend hearings on your behalf.
In West Palm Beach specifically, the overlap between city, county, and state-level notice requirements makes legal counsel more important than in simpler jurisdictions. A landlord who serves the wrong notice period, in either direction, risks having the case dismissed or facing fines under the local ordinance.
Our West Palm Beach office is local to the courts and we file eviction cases in Palm Beach County regularly. We know how the judges here handle these cases and which notice requirements they enforce.
Grounds for Eviction in West Palm Beach
Florida law permits landlords to file for eviction after proper written notice for any of the following:
- Nonpayment of rent, the most common reason. A Three-Day Notice must be served first.
- Lease violations, including unauthorized occupants, pets, or vehicles; noise disturbances; failure to maintain the property; or unapproved alterations.
- Illegal activity, such as drug manufacturing, assault, or other criminal conduct on the premises.
- Holdover tenancy, where the lease has expired and the tenant refuses to leave after receiving proper notice.
- Termination of month-to-month tenancy, which requires either 30 or 60 days’ written notice depending on which regulations apply to your property.
Landlords must also comply with federal fair housing requirements throughout the eviction process. The U.S. Department of Housing and Urban Development (HUD) enforces protections that apply regardless of the reason for eviction.
If you’re unsure which notice type or period applies, call our office before serving anything. In West Palm Beach, the wrong notice can cost you more than just time.
West Palm Beach Eviction FAQ
How long does it take to evict a tenant in West Palm Beach?
An uncontested eviction typically takes four to five weeks from the date the complaint is filed. If the tenant contests, the timeline extends to six weeks or longer depending on the complexity of the case and the court’s calendar.
How much does it cost to hire an eviction lawyer in West Palm Beach?
Kelley, Grant & Tanis charges a $295 attorney fee for an uncontested residential eviction. Court filing fees, summons, and process server costs are additional, bringing the total to approximately $515 for a single-tenant eviction.
Does West Palm Beach have any local rental ordinances landlords should know about?
Yes. West Palm Beach adopted Ordinance No. 5007-22, which requires landlords to provide 60 days’ written notice before terminating a residential lease or increasing rent by more than 5%. Palm Beach County has a similar county-wide ordinance (2022-027). Florida’s 2023 statewide preemption law (Section 83.425, F.S.) invalidated local regulations that conflict with Chapter 83, but whether these specific ordinances survive the preemption is a developing legal question. An attorney can advise on current compliance requirements for your property.
Can I evict a month-to-month tenant in West Palm Beach?
Yes. Under Florida’s statewide law, a month-to-month tenancy can be terminated with 30 days’ written notice. However, landlords in West Palm Beach should be aware of the city’s local ordinance requiring 60 days’ notice for lease terminations. Consult an attorney to determine which notice period applies to your specific situation.
Can I change the locks or shut off utilities to remove a tenant?
No. Self-help evictions are illegal in Florida. Landlords cannot change locks, remove doors, shut off water or electricity, or remove a tenant’s personal property without a court order. A landlord who does this can be held liable for three months’ rent or actual damages (whichever is greater), plus the tenant’s attorney fees.
Where are eviction cases filed in West Palm Beach?
Eviction complaints are filed with the Palm Beach County Clerk of the Circuit Court & Comptroller. The main courthouse is at 205 North Dixie Highway in West Palm Beach. Writs of possession are executed by the Palm Beach County Sheriff’s Office.
Does Kelley, Grant & Tanis have an office in West Palm Beach?
Yes. Our West Palm Beach office is at 1645 Palm Beach Lakes Blvd, Suite 1200-3, West Palm Beach, FL 33401. We also have an office in Boca Raton at 370 Camino Gardens Blvd, Suite 301.
How do I start an eviction with Kelley, Grant & Tanis?
Call 877-871-8300 or contact us online. We’ll review your lease, determine the correct notice requirements for your West Palm Beach property, and begin the filing process.
About Evictions in West Palm Beach
West Palm Beach is the county seat of Palm Beach County and home to a diverse rental market that includes downtown high-rises, single-family homes in Northwood and El Cid, condos along the waterfront, and multi-family properties in the Westgate and Pleasant City neighborhoods. According to Princeton University’s Eviction Lab, Palm Beach County is tracked as part of the South Florida tri-county metro alongside Miami-Dade and Broward, with eviction filing data collected by the Shimberg Center for Housing Studies at the University of Florida.
All eviction cases in West Palm Beach are filed with the Palm Beach County Clerk of the Circuit Court at 205 North Dixie Highway. Writs of possession are executed through the Palm Beach County Sheriff’s Office. The Palm Beach County Property Appraiser maintains public records that landlords may need when verifying ownership details or property classifications before filing.
For landlords with properties elsewhere in Palm Beach County, our Palm Beach County eviction lawyers page covers the county-wide process, pricing, and courthouse details.
Kelley, Grant & Tanis, West Palm Beach Eviction Attorneys
Our firm has a West Palm Beach office at 1645 Palm Beach Lakes Blvd, Suite 1200-3, and we file eviction cases regularly at the Palm Beach County courthouse. We are members of the Florida Bar Association, and our practice areas include evictions, real estate law, title insurance, and estate planning.
If you own rental property in West Palm Beach and need a tenant removed, we can help. As a local firm, we know the courthouse, the judges, and the notice requirements that apply in this city.
Call 877-871-8300 to discuss your eviction with our team.
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