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Florida Residential Evictions Attorneys

Legal Representation for Property Owners

If you are a landlord, or are part of a property investment group, property management company, or apartment company, chances are you’ve had to deal with residential evictions at some point. This process can be extremely difficult, especially when you are forced to go back and forth with clients who won’t comply. To make matters easier, you should consider hiring a Florida residential evictions attorney, from The Virga Law Firm, P.A. Our firm has experience representing property owners in landlord/tenant disputes, and will always work tirelessly to make the eviction proceedings go as smoothly as possible. Don’t get embroiled in ongoing legal disputes with tenants, call The Virga Law Firm, P.A., and let us advocate for you.

Dial (800) 822-5170 now to schedule a consultation.

Residential Evictions: The Rules Under Florida State Law

Broadly speaking, an eviction is legally defined as an action taken by a rental property to remove a tenant, following the tenant’s violation of the terms of their lease of their failure to vacate following the end of their tenancy. A common breach of terms landlords use to begin eviction proceedings is refusal to pay rent, although there are numerous violations tenants can commit which may serve as grounds for eviction. Excessive noise levels, lack of cleanliness, failure to respect common area space, illegal activity, and more may all be used as justification for eviction, depending on the terms of a given lease.

Because landlord-tenant law in the state of Florida is very much procedure-based, it is important you know all the proper steps to take before beginning eviction proceedings. Failure to obey proper procedure during the eviction process may give a tenant legal defense against a property owner in court, resulting in an expensive and time-consuming legal battle. A skilled landlord/tenant lawyer will make sure to go over all pertinent information with you, and review the statutes established in chapter 83, part 2 of the Florida Residential Landlord-Tenant Act and chapter 51 of the Summary Procedures. Knowing how the courts have interpreted and applied these statutes over the years will give you a major advantage going into litigation, and embolden you moving forward in any future eviction proceedings.

Beginning the Eviction Process: What to Expect

To begin the eviction process, you must file a legal complaint for eviction in addition to a copy of the lease your tenant has breached and any notices you provided to the tenant alerting them of their breaches with the county clerk. After the eviction complaint is filed, it will be served to the tenant by a licensed Florida process server. If the eviction is for unpaid rent, and no other damages, the tenant has 5 business days to file a response with the clerk of the county court, or deposit their unpaid rent to the court registry.

Should the tenant decide not to file a response, a seasoned eviction attorney will then file a motion with the clerk to default to final judgment. However, even if the tenant does file a response, including the sum of any unpaid amount of rent, your attorney may be able to get their response stricken by the court, depending on the nature of the case. A talented lawyer may argue that a given tenant has violated a lease agreement consistently or flagrantly enough that any response should be dismissed, especially if their client has suffered monetary losses or experienced severe damage to their property as a result of the tenant’s actions.

If, at this point, the response is not stricken, a Judge will order either a final hearing or mediation. If the court rules in the property owner’s favor, a Writ of Possession will be issued to them, forcing their malfeasant tenant to move out. Because the whole process often takes up to 4 weeks, you will want a lawyer by your side to guide you through these sometimes complicated procedures, and ensure your rights as a property owner are not being taken advantage of.

Call The Virga Law Firm, P.A. at (800) 822-5170 Today

At The Virga Law Firm, P.A., Attorney Tim Baldwin heads up our landlord-tenant division, and has years of experience representing property management companies. When you need assistance with residential evictions, we promise to provide thorough, knowledgeable, and tough legal counsel, all at a reasonable price. To run a successful property, it is vital that owners fulfill their duty to protect good tenants and remove bad ones. Don’t let a noncompliant tenant be the factor that determines the difference between profit and loss for you. Hire the Florida residential evictions lawyers at The Virga Law Firm, P.A. today.

You can contact our firm online anytime, 24/7.

What Our Clients Say

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