FAQ
LANDLORD FREQUENTLY ASKED QUESTIONS:
How much does it cost to file an eviction?
The filing fee for an eviction is $185.00, plus a $3.00 fee if filed online. The Plaintiff will also need one summons per defendant at a charge of $10.00 per summons. Once the clerk has issued the summons it must be served by a process server or sheriff. The cost to have a defendant served varies, but is typically between $30.00 and $60.00 per defendant. Lastly, the sheriff will charge $90.00 to serve a writ of possession (24-hour notice to vacate) if needed. Our cost to draft and file an uncontested eviction varies depending on the specific situation at hand.
Where do I go to file an eviction lawsuit?
Our eviction attorneys have the ability to file your eviction electronically through a statewide filing system called ePortal. If a landlord chooses to file the eviction on their own they should start by contacting the clerk’s office in the county where the property is located. The clerk of the civil court usually assists landlords with filing the eviction; however, they are not able to answer legal questions or provide you with legal advice. In the event that you are not sure how to go about filing an eviction please contact one of our Orlando eviction attorneys for assistance.
How much does a writ of possession cost?
Once a final judgment of eviction is entered the next step is to have a writ of possession issued. There is no cost to have the writ of possession issued; however, the writ must be served on the tenants by a police officer. Most sheriffs’ offices charge $90.00 to serve a writ of possession.
What is an “unlawful detainer”?
An unlawful detainer is similar to an eviction in that it is a lawsuit that is requesting the court to award someone possession of a property. However, when filing an unlawful detainer it is important that there be no landlord-tenant relationship between the parties and that the defendant does not have an interest in the property. If there is a written agreement or rent has been paid, then the landlord must file for eviction. If there is not a landlord-tenant relationship, but there is the possibility that the Defendant may claim some right to the property, the owner should speak to a landlord-tenant attorney about possibly filing for ejectment.
How long does it take to evict a tenant in Florida?
The time it takes to evict a tenant can vary from county to county and situation to situation. However, an uncontested eviction can generally be accomplished in less than 4 weeks. If the tenant responds to the eviction, or otherwise contests the action, the eviction could take longer, and might even require attendance at a mediation and/or trial.
How do I serve my tenant with a non-payment notice?
A non-payment notice is usually provided to the tenant in one of two ways. One method of service is by the landlord presenting the notice to the tenant in person by hand delivering it at the property address. The second method is by posting the notice to the property in the tenant’s absence. If posting the notice, the landlord should make sure that it is posted in a clearly visible, conspicuous location on the property. The landlord should also be sure to note the method by which the notice was provided to the tenant on the non-payment notice.
Do I have to file an eviction to remove a tenant who is not paying rent?
Yes. The method by which a landlord must remove a non-paying tenant is by filing an eviction and obtaining a judgment against the tenant. Once the judgment is obtained the landlord can have the sheriff serve the tenant with a writ of possession, after which the sheriff will remove the tenants from the property. Attempting to remove a tenant by changing locks or turning off utilities is referred to as “self-help” and is prohibited by Florida landlord tenant law.
What can I do if a tenant has a dog even though the lease says they can’t?
If the tenant has a pet on the rental property despite a prohibition against doing so in the lease, the landlord must provide the tenant with a notice of their breach of the lease. A typical notice will provide the tenant with 7 days’ notice to correct the breach before the landlord is able to take further action to enforce the lease. It is important that the notice be done properly since it will be the basis for filing a lawsuit to enforce the lease against the tenant.
What can I do if my tenant moves in people that are not on the lease?
If a valid tenant allows additional occupants to live in the rental property the landlord must serve them with a notice of breach of lease. This notice should provide the tenant with a specific amount of time within which to correct the breach or face possible eviction.
TENANT FREQUENTLY ASKED QUESTIONS:
If the last day on a notice (7-day, 3-day, etc.) falls on a holiday or weekend, is it still counted as part of the notice period?
Florida Rule of Civil Procedure 1.090 provides the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday.
Can I negotiate with the landlord to stop an eviction?
Trying to negotiate with your landlord to stop the eviction is a great starting point. Sometimes landlords are willing to come to settlement, sometimes landlords are unwilling to work with you at all. However, it is always important to have any type of agreement put into writing.
What can I do if my landlord refuses to make repairs?
If you landlord refuses to make repairs you must provide them with a notice to make repairs. Depending on the severity of repairs that need to be made, you may be able to withhold a portion of rent, withhold your entire rent, or cancel the lease agreement. However, it is important that you provide this notice prior to trying to withhold any portion of the rent.
I’m a couple days late with rent, can my landlord evict me?
Before a landlord can file an eviction for non-payment of rent they must first provide the tenant with a notice of non-payment. This notice is typically referred to as a “3-day notice”, because it provides the tenant with a minimum of 3 days to pay the past due rent or vacate the property. The landlord is only able to file the eviction after that period of time has run.
What does my landlord have to do to evict me?
Generally speaking, the first step toward filing for an eviction is to provide the tenant with notice of the default. If the landlord has provided the tenant with notice and the tenant has failed to correct the default within the prescribed amount of time, the landlord is then able to file for eviction. An eviction is a lawsuit asking the judge to award the Plaintiff some sort of relief; often in the form of possession of the property or past-due rent.
I found a notice taped to my door; do I have to move out?
There are three main types of documents that a tenant may find posted to their door. The first is a notice of default or termination of tenancy. This type of document is usually the first step in the eviction process. The notice of default would typically provide the tenant with a certain amount of time to cure the default or move out. The second type of document is the eviction summons and complaint itself. These documents usually require that the tenant respond to eviction within a certain period of time. The last and most critical type of document is a writ of possession. This document provides the tenant with 24 hours’ notice to vacate the property before the sheriff will remove them.
How quickly do I have to move out after my landlord gives me notice?
Whether you are required to move out at all is dependent upon the type of notice that your landlord provides you. For example, a 3-day notice to pay rent or quit requires that you either pay the past due rent within 3 days or vacate the property. A 15-day notice to terminate tenancy may require that you vacate the property at the end of your next rental period, but not less than 15 days from the date of the notice.
Do I have to move out if my landlord posts a 3-day notice?
The purpose of a 3-day notice is to provide the tenant with an opportunity to pay the past due rent or vacate the property. However, it is important to note that just because a tenant moves out within the 3 day period does not mean that they are released from the lease. In fact, the tenant may remain liable on the lease and will still owe the unpaid rent as of the date they left.
How do I know when the notice period is over?
Many notices will actually provide for the date on which the notice expires on the document itself. If not you must calculate the days based on the type of notice provided. Florida Rule of Civil Procedure 1.090 provides the last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, or legal holiday.
What can I do to stop the eviction?
Once the eviction process has begun there are very specific things that a tenant must do in order to defend the eviction and to allow them to present their defenses, if any. The instructions of what the tenant must do are typically provided for on the summons itself. The most important thing to remember is that the tenant only has 5 days (not including weekends or holidays) to act from the date that the summons is served. If you have been served with eviction paperwork, call today to speak with an Orlando eviction defense attorney for a free case review.
What types of fees can be charged on a 3-day notice?
The types of fees or penalties that can be charged on a 3-day notice depend on what is provided for in the lease. Unless specific language is included in the lease, a landlord cannot typically add in other miscellaneous fees into the amount due under the 3-day notice. However, the landlord’s inability to include such amounts in the 3-day notice does not necessarily prevent the landlord from including those amounts in the complaint for eviction.
What do I do if my landlord won’t accept rent within the 3 days?
If your landlord is refusing to accept rent within the 3 day period make sure you do your due diligence in documenting the circumstances. If possible have a witness present when you try to pay rent and the landlord refuses to accept. If the landlord then files an eviction against you make sure to deposit the rent money into the court registry and explain that your landlord refused to accept rent in your answer.
What can I do if my landlord changes the locks on my property?
If your landlord changes the locks, turns off your utilities, or otherwise prevents you from inhabiting or entering your rental property they may have engaged in conduct that is referred to as “self-help”. Florida landlord tenant law does not allow for “self-help” conduct on behalf of the landlord. If your landlord changes your locks without having gone through the eviction process, you may now have grounds to file a lawsuit against the landlord. If your landlord changes the locks or has disconnected utilities call us today to speak with one of our Orlando tenant attorneys for a free case review.
What will the landlord do after serving notice to me?
Generally speaking, the first step toward filing for an eviction is to provide the tenant with notice of the default. If the landlord has provided the tenant with notice and the tenant has failed to correct the default within the prescribed amount of time, the landlord is then able to file for eviction. An eviction is a lawsuit asking the judge to award the Plaintiff some sort of relief; often in the form of possession of the property or past-due rent.
What will happen after I have been served with a summons?
Once a tenant receives a summons and complaint for eviction they have five days (not including weekends or holidays) to act. If the landlord has filed for eviction based on non-payment of the rent, the tenant must file their answer to the complaint within five days of being served. Additionally, the tenant should deposit the amounts alleged due into the court registry. Other options are available to the tenant; however, an eviction defendant should speak with a tenant defense attorney prior to doing anything aside from what is specifically provided for on the summons. If you have received eviction paperwork call one of our eviction defense attorneys today for a free case review.
What should I bring to court with me?
One of the most important things that a tenant, or even a landlord, can do while renting is to maintain accurate and detailed records throughout the tenancy. A rent payment receipt can often make the difference between being evicted or not. Communicating through email often takes much of the guess work out of determining whether a conversation actually took place or not. When going to court make sure to bring all of your paperwork, including emails, receipts, pictures, or any other documentation you think may support your position.