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This step-by-step guide on uncontested evictions is intended to provide landlords and tenants with an understanding of some of the steps in the eviction process. It is important to realize that each landlord-tenant dispute is unique and steps may vary. Your best bet it to speak with an experienced eviction attorney to find out what the best course of action for you is.

Probably one of the most common issues that a tenant encounters when dealing with their landlord involves the return or refund of their security deposit. Most landlords will require that the tenant provide them with a security deposit at the beginning of the lease to cover any damage to the rental property. It is important to note that the security deposit can sometimes be applied toward damages (beyond normal wear and tear), unpaid rent, or other items that may be provided for in the lease agreement. Most of the issues that tenants encounter regarding their security deposit have to do with a dispute between the tenant and landlord as to what damages should be deducted from the deposit or the landlord failing to return the deposit all together.

With as large as a rental market as Orlando and its surrounding areas have, there are a wide range of reasons why a landlord may be forced to file an eviction. However, the top reasons that landlords end up filing evictions are usually based upon a tenant’s failure to comply with a particular Florida law or the tenant’s breach of a term of the lease agreement. The first place a landlord should look to figure out whether they have grounds to file an eviction is the lease agreement, then Florida Statues Chapter 83. With as large as a rental market as Orlando and its surrounding areas have, there are a wide range of reasons why a landlord may be forced to file an eviction. However, the top reasons that landlords end up filing evictions are usually based upon a tenant’s failure to comply with a particular Florida law or the tenant’s breach of a term of the lease agreement. The first place a landlord should look to figure out whether they have grounds to file an eviction is the lease agreement, then Florida Statues Chapter 83.

Just because a landlord has completed the eviction process and the tenant has been removed does not mean that they are absolved of all other duties. Different parts of the eviction process can trigger certain deadlines to begin running. A couple for the most important deadlines run from the point where the final judgment of eviction is entered and from the date that the tenant vacates the rental property.

An unlawful detainer is similar to an eviction in that the time frames for both are relatively similar. Unlawful detainers are filed in a situation where a landlord-tenant relationship does not exist between the property owner and the occupant. This difference is critical when deciding whether you need to file an eviction or an unlawful detainer. If you have a lease with the occupant, or have accepted rent money or services in exchange for their living in the property, they will likely be considered a tenant. In that situation an eviction would probably be appropriate instead of an eviction. On average, an uncontested unlawful detainer can take between three to four weeks to complete.

Being a landlord is one of the more fulfilling jobs out there because you can provide housing for people who would otherwise not be able to get it. But with any job, there are certain risks involved. As a landlord, you enter into a special relationship with your tenant in the eyes of the law. Because of this special relationship, you are tasked with certain duties. If you shirk these responsibilities, you can end up in court being sued. Here are a few things you can do to avoid ending up in our office:

Being a landlord is one of the more fulfilling jobs out there because you can provide housing for people who would otherwise not be able to get it. But with any job, there are certain risks involved. As a landlord, you enter into a special relationship with your tenant in the eyes of the law. Because of this special relationship, you are tasked with certain duties. If you shirk these responsibilities, you can end up in court being sued.

Regardless of whether you have a written lease or not, your landlord is required by Florida law to maintain certain aspect of your rental property. However, often times a landlord will try to skirt the law or save themselves money by not holding up their end of the bargain. If you have a landlord who is refusing to make repairs, is making shoddy repairs, or is just generally failing to maintain the property they way that they are supposed to, we can help!

The first thing to do when you receive a notice of non-renewal is to review your lease agreement. More often than not, your lease agreement will provide a minimum amount of time that either party needs to provide the other in the event that they choose not to renew the lease agreement.

Generally speaking, there are three main reasons for filing for eviction against a tenant: non-payment of rent, termination of tenancy (expiration of lease), or nuisance (breach of lease, other than non-payment). Although there are other possible justifications for filing an eviction against your tenant, these three causes account for nearly 90% of the evictions our landlord tenant attorneys file. Our experienced eviction attorneys have represented landlords throughout Florida and are centrally located in downtown Orlando. If you need to know how to go about evicting you tenant, we are here to help!

1. Not acting quickly when a tenant breaches the lease. Our landlord-tenant attorneys receive countless calls in which a tenant has defaulted, but the landlord has not acted on the default for several months, or sometimes even years. It is important to act quickly once your tenant defaults, regardless of whether the default consists of non-payment of rent, a breach of the lease agreement, or some other type of default. All too often landlords are duped by tenants who promise they will pay “next week” or that they “have money coming in”, even though those tenants never have an actual expectation of paying rent. If you tenant fails to pay rent or otherwise breaches the lease it is important to act quickly and speak with a landlord tenant lawyer if necessary.

In Florida there are three basic ways of removing a tenant from your property. The specifics of each situation determine which type of action must be taken against the occupants. By speaking with one of our experienced Orlando based attorneys we can help you decide whether you need to file an eviction, unlawful detainer, or ejectment. The focus of this article is to discuss the difference between and eviction and unlawful detainer.

Many times we get calls from a property owner or landlord who has filed an eviction against the occupant of a property when they should have filed for ejectment or unlawful detainer. The purpose of this article is to differentiate a lawsuit for eviction versus a lawsuit for ejectment. All too often a landlord or property owner can find themselves in a tricky situation when they file the wrong type of lawsuit in order to try to remove the occupant of a property.

The fees and costs associated with filing an eviction can vary from situation to situation. Our Orlando based eviction attorneys offer a free consultation to prospective clients to assess the specific needs of each landlord or property owner. Once we know the facts of the case, the attorney will then quote you an individualized fee for our services. There are, however, fees/expenses that every person who files for eviction will incurr regardless of whether they choose to use an eviction lawyer or not.

Having a commercial landlord tenant attorney on your side from beginning can save you tons of headache and stress in the long run. Morey Law Firm, P.A. has assisted commercial tenants ranging from first-time business owners and startups to commercial landlords with properties throughout the state of Florida. We have negotiated with and against some of the largest commercial property management firms in the country.

The simple answer is no. However, all too often landlords and property managers call our law firm after having tried to file an eviction on their own and failed. The fact of the matter is that eviction and landlord tenant law in general appears simplistic, but is deceivingly difficult. Did you know that one simple mistake in your 3-day notice could potentially result in the entire eviction case getting dismissed? How about that if your eviction is dismissed you may also run the risk of paying for the other side’s attorney’s fees?

Is your tenant suing you? Maybe this is a tenant still in possession of the rental, or maybe this is a former tenant who the sheriff removed from your rental. Either way, you want to make sure that you respond properly to the lawsuit, even if you think you did nothing wrong. Failing to timely respond to a lawsuit can result in a default being issued, and ultimately your tenant could get a judgment against you.

It is inevitable that at some point a landlord will need to deal with the issue of abandoned property. This can occur in a couple difference circumstances. On one hand, a landlord could face the issue when the tenant has abandoned the property altogether by leaving for an indefinite period of time without giving notice. On the other, a landlord could face the issue when the lease has expired or been terminated yet the tenant fails to take all of his or her possessions with them.

How long the eviction process can take from start to finish depends on several variables. While an uncontested eviction can sometimes be completed in just around a couple weeks, a contested eviction may last as long as a few months. Below are some of the steps necessary to file an eviction in Florida, and some of the general timeframe associates with each step.