Tenant Evictions
Are you facing eviction?
Evictions of residential tenants in Florida are treated in an expedited manner by the courts. This is due to the fact that evictions are handled under a statutory creature called summary procedure. In summary procedure defendants only receive five business days to respond to a complaint AND the court is required to advance the cause on the court's calendar. Not only do the actions happen in an expedited manner, but there are also other requirements that a tenant must meet. In order to fight the eviction tenants are generally required to deposit the rent into the court registry or file a motion that requests the court to determine the amount of rent to deposit and that states why the rent requested by the landlord is not owed. Tenants are also required to continue to deposit the rent into the court registry as it becomes due.
Notices prior to eviction
In most cases a landlord must give their tenant notice prior to filing an eviction action. Notices can generally be put into three categories:
- Three-Day Notice for Non-Payment of rent
- Seven-Day Notices for non-compliances other than the payment of rent.
- Notices of Non-Renewal
The three-day notice is probably the most common notice that is given prior to an eviction action being filed. The notice operates as a safe harbor for a tenant to either pay the rent, vacate, or face eviction.
There are two types of seven-day notices, one where the tenant has the right to cure the non-compliance, and another where the tenant is not afforded an opportunity to cure a non-compliance.
A notice of non-renewal tells the tenant that his or her lease will not be renewed. Should the tenant continue to occupy the residence after the expiration of the current term the tenant could face eviction and liability for up double the rent for the time the tenant continues in possession.
Landlord tenant disputes often require quick action to avoid the loss of defenses or the right to recovery. As a consumer, it is important to know your options and rights before you lose them. We provide consultations at our office location, over the phone, or via video conference.
Get a $50 Eviction Case Evaluation
Contact the Attorneys at Palmetto Law, PA by calling toll-free at 855-529-7256 to arrange a $50 15 minute evaluation of your eviction case.
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