To set up a consultation – call us at (727) 822-2200
The key to a proper eviction process is correct notice and preparation before the action is filed. If the tenant fails to pay the rent when it is due, the landlord posts a notice giving the tenant 3 days to pay the rent or move from the property. If a tenant fails to comply with provisions of the lease, the landlord posts other notices requiring the tenant to comply or move from the property.
If the tenant fails to pay or comply with the notice within the specified time, the landlord sends to us a copy of the notice, a copy of the lease, if any, and the attorney’s fee and costs in the amount of $725.00 if the landlord is evicting one tenant, plus $55.00 for each additional tenant to be evicted (prices subject to change).
The Complaint for Eviction is prepared and filed with the Court. A Summons is issued by the Clerk’s office. The Summons and Complaint for Eviction are then legally served upon the tenant by our private process service.
If the tenant files an Answer to the Complaint within 5 days, excluding weekends and holidays, and pays the monies owed into the court registry, a hearing will be set as soon as possible. Both the landlord, with the attorney, and the tenant must attend this hearing. An additional fee of $175.00 is charged for the hearing.
If the tenant does not respond to the Complaint within 5 days, excluding weekends and holidays, a motion is filed with the court, requesting the court to grant the eviction and issue a Writ of Possession in favor of the landlord. The court will then enter a final judgment, and order the Writ of Possession to be issued and sent to the sheriff. An additional fee of $90.00 is required to be paid to the sheriff for this service.
A sheriff’s deputy will post a 24-hour notice to the tenant to vacate the premises. The deputy will then coordinate a time to meet the landlord at the property. The landlord or the landlord’s agent should remove all of the tenant’s personal property from the premises, place it at the curb and change the locks.
Gulf Beaches Law, P.A. can help landlords navigate this process.
Important General Information to Consider Before Renting to New Lessee
Be sure to truly qualify your prospective tenant! In every case, a credit report should be examined. The cost should be paid by the prospective tenant. If they object, they will likely not be a desirable tenant. Check the public records to determine whether they have previously been evicted. We can assist you if you do not have access to these records. There are also companies who will provide all of these qualification services for a modest fee, which the prospective tenant should also pay.
After the interview, accompany the prospective tenant to their vehicle and look at the back seat. If it is full of trash, that is most likely how they will keep your property. Stop by their current residence unannounced, and observe the property condition. Once again, this will reveal the manner in which they will maintain your property.
Finally, be certain to check references!
To set up a consultation - call us at (727) 822-2200