If you need to evict a tenant, an eviction attorney is an absolute necessity. There are too many variables involved for landlords to handle this themselves.
Hiring an Eviction Attorney: How a Central Florida Law Firm Can Help
An eviction attorney is an invaluable asset for any landlord. Dealing with tenants who fail to keep their obligations needs to be done in accordance with complex laws and any landlord in Orange, Seminole, Osceola, Polk or Lake County will do well to have one on hand when it’s time to end a relationship with a tenant.
What Eviction Attorneys Can Help With
When a client violates the terms of their rental agreement, an eviction attorney can step in and make sure that you do not terminate, or attempt to terminate, their tenancy improperly. Eviction is a process that must be handled in a step-by-step manner, allowing the landlord to protect their interests while at the same time respecting the rights of the tenants under the law.
Starting the Process
When a tenant fails to keep with the financial requirements of their lease, the landlord must serve them with a 3-day notice for nonpayment of rent. This step cannot be preceded by attempting to get the tenant out of the property otherwise, such as by changing the locks. At this point, the tenant may vacate the premises or may pay the rent. If not, the landlord is free to begin the eviction process.
Noncompliance with this requirement could result in a dismissal of your eviction lawsuit, if one is filed.
Landlords are not allowed to:
Taking any of these actions prematurely can result in risk of being sued by the tenant.
If the tenant does not comply with the terms of their lease after the 3-day notice has been served, the landlord can move on to filing a complaint and actually evicting the tenant from their property.
First, the attorney will prepare a complaint and prepare all of the necessary copies of that complaint.
Second, and Eviction Summons will be prepared. This may include a copy of the lease that was originally signed, a copy of the three-day notice that was given to the resident and a copy of the complaint filed by the landlord.
The complaint must also be mailed to them. This will require what is called a Certificate of Mailing. The summons and complaint must also be served by a certified process server. In some cases, the summons and complaint may be affixed to the door of the unit, ensuring that the tenants see it when they return to the property.
The tenant will be given a period of five business days to answer the summons. If they do answer the summons and come forward with the rent that they owe, a hearing has to be scheduled. The eviction attorney will handle setting this up for their client.
In cases where the tenant fails to respond to the summons, the eviction attorney may move for a Motion for a Default Judgment. A Final Judgment for Removal of Tenant would be filed, as well.
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