What Documents Do You Need To Start An Eviction?
The documents needed for an eviction will vary depending on the grounds. For all evictions we will require the following:
- A fully executed copy of the lease and any amendments
- The full legal names of all tenants and adult occupants
- An accounting of all amounts paid and what is due
- Copies of any notices provided to the tenant
For a termination related to a violation of the lease terms (other than payment of rent) we will need to review all documentation related to the lease violation and any documents or correspondence with the tenant regarding the alleged violation.
For your convenience, we’ve prepared a worksheet to help you gather the required information.
How Long Does It Take To Remove A Tenant?
It depends. Even if there is good cause for an eviction Florida law and your lease will require certain notices as a prerequisite to filing legal action. Generally it will take about 3–4 weeks to complete the possession portion of the action, assuming the tenant does not raise any defenses. If the tenant raises defenses or there are other complications it may take longer.
What If The Person I Need To Evict Isn’t A Tenant?
In order to evict someone from property there must be a landlord/tenant relationship. Many times clients need to remove someone from a property who was never a “tenant” at all. This would be the case with a guest who has overstayed their welcome, a squatter, an ex-boyfriend or girlfriend who refuses to leave or similar situation.
If you attempt to evict someone where there is no landlord/tenant relationship you may be doing more harm than good. Not to worry, there is a legal remedy and we can help.
Do I Need An Attorney To File An Eviction?
Whether you are required to use an attorney for you eviction depends on your situation. In most Florida cases, individual property owners can file an eviction for their own properties without the assistance of counsel. However, if you own property in a corporate entity, in a trust or are a property manager there are certain considerations you should be aware of before you file.
However, in all cases we strongly suggest using an experienced attorney for your landlord/tenant matters. In most cases an attorney will be able to handle the process much more efficiently and will likely save you time, money and hassle. An attorney can also review your documents advise you of potential problems and offer guidance to protect your interests.
How Much Does This Cost?
Our office will typically handle an uncontested eviction on a flat-fee basis plus court costs of about $335 for the first tenant and $55 for each additional party. For matters that become contested (such as if the tenant raises defenses or other issues are raised) we will bill the time expended dealing with those matters at our normal hourly rate.
Please note that effective July 1, 2017 the clerk is raising the filing fee on any Evictions where the amount of past due rent is in excess of $2,500. If the amount of outstanding rent is in excess of $2,500 at the time eviction is filed an additional $115 will be added to the court costs.
I Need A Better Lease - Can You Help?
Absolutely. Having a custom lease for property and needs is your first line of defense when dealing with difficult tenant situations. We typically can draft a lease customized to your needs for a reasonable flat fee.
We have completed a worksheet that will walk you through some of the basic questions necessary to prepare your lease. If you have questions or would like to discuss additional terms that are important for your lease, we can setup a telephone conference to discuss these items further. Once the worksheet is returned we will create a draft customized lease based on your preferences and send you for review. Following your receipt of the draft we will schedule a follow-up conference to discuss any questions you may have about the lease or modify the terms as necessary.
Download the Lease Worksheet to get started.
I Have Another Question.
If you have another question that isn’t covered here, you can contact us. Call the office or send us an email and someone will get back to you shortly.