Residential & Non-Residential Evictions Unlawful Detention*
Broward County and all of South Florida
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*Unlawful Detention is the possessing of real property, without the consent of a person entitled to possession of the real property or after the withdrawal of consent by such person. Generally, unlawful detention actions (as opposed to evictions) are when the person possesses the property without a lease. (Ex. When a non-owner/non-tenant boyfriend/girlfriend refuses to leave)
Residential Eviction - Costs and Information
Base Possession Eviction
Uncontested Eviction-
Client Pays all out of pocket costs
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Includes All Paperwork for Uncontested Possession Eviction
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Complaint will include unpaid rent damages count in the event you choose to proceed with claim for monetary judgment
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Add't Fee for Certain Jurisdictions (Counties)
Contested Eviction
If Tenant Files Response/Answer/Defends Case-
Flat Fee for Appearance at Mediation
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Flat Fee for Appearance at Hearings
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Flat Fee for Appearance at Eviction Trial
Unlawful Detention
Unlawful Detention-
Client Pays all out of pocket costs
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$300 Flat Fee per occurrence of Hearing/Mediation/Stipulation Negotiation/Contested Motion Practice/Trial
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Includes All Paperwork for Possession
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Complaint will include possession and damages counts in the event you choose to proceed with a claim for monetary judgment
Monetary Judgment for Unpaid Rent
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Reduced Hourly Rate for Unpaid Rent Damages Judgment
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Not include deposit dispute, or other property damage claims (standard hourly rates apply)
Frequently Asked Questions
Simple answer is, it depends. The entire eviction process could be as quick as 10 days, or it could last a month or longer.
There are certain time periods that are fixed by the rules of procedure and Florida Law. For example you need to post a 3 day notice and only after 3 business days, if the tenant still does not pay, can you start the eviction process.
After you file your case, and serve the tenant, the tenant has 5 business days to respond to the complaint.
In the simplest evictions, an uncontested eviction, only after the 5 days has expired, and if the tenant does not respond you can ask the court to issue a default and for a writ of possession.
Contested evictions are usually take longer. The Court may order a mediation to occur, or set the case for a final hearing. With contested evictions, there are too many possibilities for a simple answer.
However, generally, for the tenant to even be permitted to defend the case and “buy time” Florida Law requires the tenant to deposit disputed rent amounts into the Court Registry. If the amount due is disputed, the Court may set a hearing to determine the rent to be deposited.
When the Court sets a hearing, of any type, it usually provides the parties at least 10 days notice, which delays an ultimate resolution.
There are generally 2 components to expenses with an eviction.
- The Attorneys Fees for the attorney’s work, AND
- Costs – amounts paid to others as a part of the eviction process (clerk filing fees, clerk summons fees, process server and courier fees, etc.)
We have a straight forwarding pricing model. $525 flat fee for the base eviction fee (uncontested), plus
$200 flat fee for each hearing, mediation, trial we attend.
Costs including clerks fees, and process server fees are generally around $580.
A typical eviction is as follows:
$525 Base Fee
$200 Fee to Attend One Hearing or Mediation
$295 Filing Fees
$260 Process Server (for initial service fees, to deliver writ of possession, and to layout fees for Writ of Possession $90)
TOTAL $1280.00
Typical Range: $1060-1500 Total Fees and Costs
Always read the fine print and terms.
Usually ultra low offers i.e. $195 for uncontested evictions, impose an hourly rate in the event the eviction is contested (even possession only evictions.) Since most evictions are contested in some form or another, those other firms know that their fees will not be limited to $195, but they will start billing you at an hourly rate.
We do not bill hourly rates for contested possession evictions.
We charge a base rate ($525) for all evictions whether contested or not, and then have flat rates ($200) per hearing, trial, or mediation for contested events.
There are no surprises in our billing.
Even more, we pride ourselves in providing quality legal services and to quickly respond same day (if not within the hour) to move the next step of your eviction forward.
The Eviction process is similar to a game of hot potato. To move an eviction forward we always need to get your case to the next step. When its our turn to act, we act fast, motions for default our filed at the earliest possible time, we respond to the court and motions as quickly as possible so that we are not the ones contributing to the length of time your case takes to finish.
If you own the property in your individual name (not as a corporation or LLC) you can file your eviction pro se, or without an attorney. However, you should have some familiarity with the Court system to do this, or this could be a longer and painful process than it would otherwise be with an experienced attorney.
Under Florida Law, Corporate Entities, including LLC’s, need an attorney to represent them in Court.
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Filing Fee $185
Clerk of Court's Fee for Filing Eviction Case. Court also adds a nominal convenience fee.
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Clerk's Fee for Issuance of Summons (per Summons) $10
Generally each named Defendant plus another summons for "all others in possession" may be required. Additional summons may need to be issued for posting summons or personal service.
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Service of Process $120.00*
Cost for a process server to server summons on Defendant, or post summons on property as permitted by law. Also for Courier Services related to evictions, to Sheriff. *Varies depending on services required by each case.
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Writ of Possession $90.00
Fee charged by the Sheriff to execute a Writ of Possession.
Information to Start Eviction
- Copy of the Lease - even if expired or extended (if available)
- Copy of the Three Day Notice You Posted - (Required for Non-Payment Evictions)
- Simple Ledger showing amount of Rent Unpaid and Other Non-Rent Amounts due (Optional)
- Copy of Tenant ID or D.O.B for Non-Military Certification Lookup (Optional)
Broward County Eviction Attorney
Andrew Douglas is a Weston Eviction Attorney handling evictions and landlord-tenant, and all real estate litigation in Weston & Broward County.
Whether you are an small landlord with one or a few rental properties, or a manager of a multi-unit housing complex you will likely need to evict a tenant at some point in time. Failure to pay rent by the tenant costs the landlord valuable time and money and could have lasting effects when the rent money is used to cover the mortgage and other expenses for such property.
We offer streamlined eviction services, and will handle as much as permissible without the need for the owner or manager to do anything or otherwise prepare legal paperwork or show-up at hearings.
Most evictions are uncontested meaning that the tenant will not file paperwork or appear in opposition to the eviction filing. These are the quickest evictions but there are certain procedural and legal requirements to properly evict a tenant.
Contested evictions are when the tenant is challenging the landlord’s right to evict.
When non-payment of rent is the basis for an eviction the Court will require the tenant to place the disputed rent amount into the Court registry in order for the tenant to be permitted to challenge the eviction. If the tenant fails to place the disputed rent into the court registry the tenant cannot defend the eviction, and the court will issue a Writ of Possession, providing the landlord with possession of the property and legal removal of the tenant from the property.
The landlord may also proceed to obtain a money judgment for the amount in back rent or other damages owed.