Florida has introduced new measures to tackle unlawful detainer and squatting issues through Chapter 82 of the Florida Statutes, also known as the “Forcible Entry and Unlawful Detainer” law. This law outlines the legal framework for addressing situations where individuals occupy property without legal right. Here’s an in-depth look at the key elements of Chapter … Read more
Fla. Stat. § 83.60 requires that “If a motion to determine rent is filed, documentation in support of the allegation that the rent as alleged in the complaint is in error is required. “ From this it is clear, that just a base allegation that the rent as alleged in the complaint is wrong, does not entitle Tenant to a … Read more
Despite Florida’s streamlined statutory framework for residential evictions, tenants maintain several tools to delay the eventual final judgment of eviction. A bankruptcy filing will delay an eviction process by the imposition of the automatic stay under 11 U.S. Code § 362. While inconvenient, the bankruptcy filing should only temporarily impede the eviction process. The Bankruptcy … Read more
If your rental property is owned in a corporate name, you may need an attorney to handle any contested eviction to evict a non-paying tenant. Even through Florida’s small claims rules permits representation of a corporate entity by an employee, if you are seeking possession of the rental property (eviction), that is not within the … Read more
Terminating a lease for cause/lease breaches other than non-payment of rent is a little more involved than simple non-payment of rent, and this process starts with what is commonly known as the 7-Day Notice. It is called a 7-Day notice since such notice terminates the lease for NON-CURABLE VIOLATIONS within 7 days (not included legal … Read more
What is the 3-day Notice? It is formally titled the NOTICE FROM LANDLORD TO TENANT–TERMINATION FOR FAILURE TO PAY RENT, but pursuant to statute it provides 3 (three) days for the tenant to pay the rent owed. Accordingly, it is commonly referred to as the 3(THREE) DAY NOTICE. The 3-day notice shall contain a statement … Read more
Andrew Douglas, P.A. now offers residential eviction services from all statutory notices through to obtaining possession and monetary damages. We offer a flat fixed rate for tenant evictions (to obtain a writ of possession), and a reasonable fixed hourly rate to recover unpaid rents and other money damages. Call now to discuss your eviction case.
In Florida there are generally 4 bases to obtain attorney’s fees as damages in a lawsuit. The general rule also known as the “American Rule” is that each party bears its attorneys fees in litigation, it is the default rule in Florida. However, here are the exceptions to that rule. 1. Statutory Basis for Attorney … Read more