Eviction Questions and Answers -
Q: How long does the eviction process take for failure to pay?
A: We usually estimate 3-5 weeks.
Q: Can I recover attorneys fees for an eviction?
A: The judge may award them, but collecting may be difficult. If the tenant hasn't paid you the rent they owe, they probably won't willing pay your attorney's fees. Also, attorney's fees are not guaranteed. Just another reason to have us draft your least agreement, to make sure this is addressed.
Q: Can I throw out the tenants property when they leave?
A: There is a specific statutory notice you must give before doing this. Failure to follow this procedure could open you up to liability for damages.
Q: What happens to the security deposit after eviction?
A: Again, there is still a legal process that must be filed. Failure to follow this procedure could open you up to liability for damages.
Q: What if the tenant attempts to avoid service of eviction summons?
Florida Statutes Section 48.183 relates to service of process in an eviction action. The requirement is that at least two attempts be made, each at least two hours apart, summons may be served by attaching a copy to a conspicuous place on the property described in the complaint or summons.