Eviction Lawyer Winter Haven, FL
Eviction Lawyer Winter Haven, FL
Dealing with difficult tenant situations in Winter Haven necessitates a careful approach grounded in legal knowledge. Landlords must balance enforcing lease terms with respecting tenant rights.
Understanding when and how to initiate an eviction is part of responsible property management. Proper notice and documentation are essential elements of this process.
Effective communication can sometimes resolve issues without resorting to eviction. When eviction is unavoidable, legal expertise can guide landlords through the complexities, especially if the tenant contests the action.
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
A landlord has the legal right to evict tenants under the following circumstances:
-
Failure to Pay Rent: According to Florida law, not paying rent or consistently paying it late constitutes a significant breach of the lease agreement. In such cases, landlords must issue a Three-Day Notice to Pay Rent or Quit.
-
Overstaying Lease Period: Landlords can evict tenants who remain beyond their lease term. It’s essential to review your lease for any specific time frames required to serve a notice not to renew. For month-to-month agreements, landlords must provide a minimum 30-day notice of termination.
-
Lease Violations: Any clear breach of lease terms, such as unauthorized pets, additional occupants, or causing property damage, allows landlords to pursue eviction after serving a 7-day notice to cure.
Having a comprehensive and enforceable lease agreement is paramount. The clearer and more detailed your rental agreement, the better protected you are in enforcing your rights against tenants who violate lease terms.
Initial Steps in the Eviction Process
Typically, landlords must give tenants between 30 and 60 days to vacate at the end of the lease term, although not all leases require this notice period. The eviction process in Winter Haven, FL, can be categorized into two types: uncontested and contested evictions. Understanding these can help landlords better prepare for potential challenges.
Uncontested Eviction
An uncontested eviction occurs when the tenant does not oppose the eviction notice. The process involves:
-
Initiate Notice Period: Serve an eviction notice specifying the reason—Three-Day Notice for non-payment of rent, Seven-Day Notice for lease violations, or Thirty-Day Notice for terminating month-to-month tenancy.
-
Legal Filing: If the tenant does not comply, file an eviction lawsuit with the Polk County Court.
-
Issuance of Court Summons: Deliver a court summons to the tenant.
-
Await Default Judgment: If the tenant fails to respond, obtain a default judgment from the court.
-
Seek Final Judgment: File for a Final Judgment of Eviction.
-
Acquire Writ of Possession: Secure a writ of possession to legally remove the tenant.
-
Remove Tenant: Coordinate with the Polk County Sheriff’s Office to enforce the eviction.
This streamlined process allows for a relatively quick resolution without the need for a court hearing, provided the tenant vacates as stipulated.
Contested Eviction
A contested eviction arises when the tenant disputes the eviction or fails to vacate by the deadline. Steps include:
-
File a Formal Eviction Lawsuit: Initiate legal proceedings by filing a lawsuit with the Polk County Court.
-
Provide Substantial Evidence: Present documented proof of lease violations or unpaid rent to justify the eviction.
-
Mediation or Trial: The case may proceed to mediation or a full trial, potentially extending the eviction timeline.
-
Court Decision: Without legal representation, the case might be decided in favor of the tenant, possibly resulting in additional costs for the landlord.
Given the complexities involved, having a landlord-tenant attorney is highly advisable to navigate contested evictions successfully.
Benefits of Professional Legal Representation
When facing a tenant eviction, securing a professional legal representative offers significant advantages:
-
Real Estate Law Expertise: Attorneys specializing in real estate law stay updated on legal developments and proficiently handle complex systems for your benefit.
-
Thorough Case Evaluation and Documentation: Legal professionals thoroughly examine your case and precisely prepare necessary legal paperwork, boosting the likelihood of a successful outcome.
-
Strategic Settlement Discussions: Legal professionals negotiate on your behalf to settle disputes, frequently resolving issues outside the courtroom.
How Our Winter Haven Eviction Lawyers Can Help
Navigating a tenant eviction in Winter Haven requires a skilled legal partner. Our eviction lawyers in Winter Haven provide several key benefits:
-
Complete Process Management: We handle all aspects from serving notices to court representation, saving you time and minimizing stress.
-
Personalized Legal Strategies: Our attorneys devise personalized strategies based on your specific situation to secure the best outcomes.
-
Consistent Updates: We keep you informed with regular updates and clear explanations at every stage of the process.
-
Experienced Court Representation: Our seasoned lawyers represent your rights in court, ensuring your interests are protected throughout the eviction proceedings.
Winter Haven Eviction FAQ
What is an uncontested vs. contested eviction?
Uncontested means no tenant response. Contested is when the tenant challenges the eviction in any form.
My tenant violated the lease terms. What should I do?
Serve a seven-day notice to cure or vacate, detailing the non-compliance. If not corrected within seven days, the lease is terminated, and the tenant must vacate.
How do I evict a month-to-month tenant?
Issue a notice at least 30 days before the monthly period ends, stating that the tenancy is terminated and demanding that the tenant surrender possession by the last day of the period.
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.
Is it legal to remove a tenant myself?
No, Florida statutes prohibit any interruption of utilities or denial of access to the tenant.
What’s the timeline for evicting a non-paying tenant?
An uncontested eviction can take about four to six weeks, depending on the court’s schedule.
Choose Kelley, Grant & Tanis Law for Your Winter Haven Eviction Case
Choosing effective legal representation is the key to success in eviction cases. Kelley, Grant & Tanis Law provides experienced, local expertise in Winter Haven property law. We’re proud members of the Florida Bar Association. We tailor our approach to safeguard your property investments and uphold your rights as a landlord. Contact us at 1-877-871-8300 to find out how we can assist you.
Eviction Laws Winter Haven, FL
Landlords in Winter Haven must adhere to 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 Winter Haven
Winter Haven, Florida, is a welcoming city with a population of approximately 59,270 residents. The real estate market presents excellent opportunities for landlords with a median property value of $182,700. The median gross rent evidences this with a rate of $1,032.
Winter Haven is located in Central Florida and is known for its chain of lakes, which connect various communities. It offers remarkable water sports and fishing experiences and is home to Legoland Florida, attracting tourists and families alike. Nearby cities include Lake Wales, Bartow, and Haines City, which host a variety of amenities such as gardens, museums, wildlife preserves, and golf courses.
As a landlord in Winter Haven, rest assured that Kelley, Grant & Tanis Law will assist you with any eviction-related matters, providing the competent legal services you need.
Need assistance with an eviction in Winter Haven?
Contact Kelley, Grant & Tanis Law today at 1-877-871-8300.
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