It is common for people to invest in real estate. They may do so to have retirement income in the future or others may be professional investors. Real estate is often a quality investment. The unfortunate truth, however, is that there are many instances when tenants fail to pay rent, commit crimes on the property, or damage the rental unit. It may be necessary to file an eviction in such instances. Retaining an experienced attorney to assist you can help to ensure that the process is handled correctly. This, in turn, can prevent unnecessary delay in regard to reclaiming your property. Lindsey Gardner Shneyder is a Melbourne eviction lawyer who handles matters on behalf of Florida landlords. If you are in need of assistance then contact us today to schedule an initial consultation.
Eviction attorney for Florida landlords dealing with non-payment of rent or other lease violations
Florida allows for a landlord to evict a tenant on multiple grounds. The most common reason for an eviction is the non-payment of rent. There are also other reasons why it may be necessary to remove a tenant. These can include someone staying past the end of their lease, criminal activity on the property, damage to the property, etc. The amount of time it takes to complete an eviction will depend on the reason for which the tenant is being removed.
The process of evicting a tenant typically begins by serving them with a “Notice to Quit.” This is a formal document which informs them that a problem must be solved within a certain amount of time or they must vacate the property. The amount of time required depends on the nature of the violation. If the violation is a non-payment of rent, then the required notice is three days. If there is another lease violation, which can be corrected, then a seven day notice is required. This is known as a “Notice to Cure.” If the lease violation cannot be corrected, then the tenant must receive a seven day unconditional quit notice. The amount of time required if a tenant has overstayed their lease, however, will depend on the length of the lease. If a tenant does not correct an issue or vacate the property by the end of a notice then an eviction action may be filed.
A formal eviction begins by filing a case with the applicable Court (the jurisdiction in which the property is located). A Summons and Complaint is filed and then served on the tenant. The tenant will have five business days to respond to the Complaint. If no response is filed then the landlord may file for a Default Judgment. This can allow the landlord to request the issuance of a Writ Of Possession. Once this Writ is obtained then the Sheriff will assist the landlord with completing the eviction. It must be understood that the landlord cannot take action on their own, such as changing the locks. The Sheriff must complete the eviction.
Lindsey is a Melbourne eviction attorney assisting Florida landlords. She will use your initial consultation to gain an understanding of your situation and to review any necessary documents. She understands that time is of the essence and that money is being lost as the tenant remains in the property. Lindsey will quickly serve the applicable notice and will attend any subsequent hearings on your behalf. She understands the urgency of the situation and your case will be made a priority. Contact us today to schedule an initial consultation.
Melbourne lawyer providing quality service to Florida landlords
It is common for landlords to have difficulty retaining competent representation. Lindsey strives to provide the highest level of service to each of her clients. In addition to handling the eviction, she is also able to assist with reviewing leases, analyzing important documents, and more. Our firm is honored to serve the community and we look forward to being of assistance.
In addition to Melbourne, our lawyer also services Florida clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid. We are also able to virtually work with clients throughout the state.