Owning and renting real estate in Florida is a business. Some individuals have multiple properties and are very familiar with the Florida Statutes relating to landlord tenant disputes. Others have very little experience in this type of dispute.
Florida Statutes provide a specific and detailed procedure for eviction of tenants. Failure to follow the procedure will generally result in a Dismissal of the case no matter how much money the tenant may or may not owe the landlord.
The first step to evict a tenant requires serving a “3 Day Notice”. Any error in that document can cause the case to be dismissed by the Court.
A properly handled eviction provides for a 3 Day Notice to start the process. After that, a Complaint can be filed and a Summons issued by the Court allowing a tenant five days to respond. Payment of rent into the Court Registry is generally a requirement for the tenant to contest the eviction. The landlord is then entitled to that rent.
There are special rules dealing with security deposits. Failure to follow those Rules can result in a landlord being required to return all of the deposit to the tenant plus pay attorneys fees and costs even if the tenant has damaged the premises.
A properly prepared Lease can be of great assistance in handling rental properties. In that way, both the landlord and the tenant agree to specific rights and obligations.
We are here to assist you and would be happy to set up a 30 minute consultation to review your legal matter with you.