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Will a lawyer help with the Orlando Florida eviction process?

Florida – July 20, 2022

Orlando’s rent prices are continuing to increase making it near impossible to secure new housing and avoid the risk of being evicted when a tenant cannot pay the increase on the property.  Renters who are at risk of eviction should contact a Florida real estate lawyer right away to help avoid that negative action.

Florida eviction process.

A property owner will serve the tenant with written notice of eviction papers. The notice must be delivered by one of the following methods:  Hand delivering the notice to the tenant; Mailing a copy of the notice via regular mail, certified mail or registered mail; Leaving the notice in a conspicuous place (i.e. on the front door).

A property owner will file a complaint with the county court if unresolved by tenant. When designated notice period ends and the tenant has not left the property, the property owner must next file a legal complaint in the county court.   The complaint should include the following information: The property owner and tenant names, The rental property address, including the county, The grounds for eviction (i.e., nonpayment of rent, lease violation, etc.), and When notice was served.

The Court wills serve a tenant with a Summons and Complaint. Once the process server or sheriff has served the tenant, the tenant may choose to respond to (“contest”) the complaint.  A response must be in writing and filed with the clerk of court within five days. If the tenant contests the eviction, the process may take longer or include additional steps. To contest the eviction the tenant must have a legal defense, or a valid reason a property owner should not evict them.  The tenant must also serve the property owner with the response containing the defenses.

The County Court will hold a hearing and issue a judgment on the matter. If the tenant did contest the eviction, the tenant may be required to pay the Court Clerk the amount of any outstanding rent and any rent until the lawsuit is over. If there is a disagreement over the amount of rent owed, the tenant may file a motion with the court to have the amount determined. Property owners must appear in court.  If a properly served tenant fails to show up for the court date, the court will automatically rule in favor of the property owner. When a judge rules in favor of the property owner, a Writ of Possession will be issued.

The Sheriff will serve a tenant with a Writ of Possession. This court order served on the tenant will give them a final 24 hours to vacate or be forcibly removed from the rental property.

The Sheriff will return possession of property back to property owner. A sheriff will return to the property to complete the process by placing a padlock on the door.

Timeline.

An uncontested eviction in the State of Florida can be completed in a few weeks, but a contested case can take longer depending on the reason and supporting information shared with the court.  Experienced real estate attorneys can assist individuals with questions and actions against eviction.

Seek legal counsel.

Experienced Florida real estate attorneys can review lease agreements and identify the language that will support a renter’s rights against unethical or illegal practices toward eviction.

Legal Counsel, P.A.

189 S. Orange Ave., Ste. 1800
Orlando, Florida  32801

Phone: 407-982-4321

Sources.

  1. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html
  2. http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.57.html

 

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