Landlord-Tenant Law & Evictions
The Firm’s lawyers have extensive experience in may facets of landlord – tenant issues. The firm represents numerous clients in regard to providing leases, reviewing of proposed leases, obtaining relief from the Court on an emergency basis as well as various aspects of the eviction process including expediting post-judgment file processing through the local Sheriff’s Office and facilitating the physical removal of former property owners/tenants consistent with applicable Florida Law.
Eviction is the process of removing an unwanted tenant from a commercial or residentail propert, generally due to the non-payment of rent. In an uncontested eviction, a notice is posted (usually be a process server) and then a set priod of time has to pass before taking action such as the filing of a eviction lawsuit. The amount of time depends on the lease but is usually either 3 days or 7 days, not including weekends and holidays.
Once the evicition lawsuit is filed, the tenants must be served with the suit, again, using a process server and then there is another peiord of time to wait, generally 5 days. If the tenant does not respond or “answer,” a default is filed and once the default has been awarded or “entered” by the court, a Final Judgment of Evicition is filed with the court. If the tenant remains in the property after the order is entered for the Final Judgment of Eviction, a Writ of Possession must be obtained to allow for the Sheriff to remove the tenant from the property. The aversage time that it takes to remove a non-paying tenant from a property is 4 to 6 weeks (in an uncontested case).
The above is summary in nature and assumes that the evicition process is not contested (or “defended.”). The eviction process takes many different paths depending if the tenant fights the evicition or not.