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?
A: 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.
"An absolutely Incredible lawyer"
"I sought Mr. Adams help in September of 2012. I decided on Mr. Adams mainly because of his prior military status. I knew that any and all decisions regarding my case would be well thought out before acted upon and that he would keep me informed on any pertinent information. Any question that were posed to Mr. Adams were answered accurately, clearly and promptly as possible. If any meeting was scheduled, Mr. Adams was always on time and got straight to the point. I had and still have nothing but, utmost confidence in Mr. Adams ability to perform his job without flaw. I wholeheartedly would recommend Mr. Adams to any individual. It was the best decision that I could have possibly made. I am forever grateful for all that Mr. Adams did for me. I hope that my words will encourage others to also chose Mr. Adams."
Rating: 5/5 Stars
Written by: Angel
Date Published: 12/12/2012
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The Adams Law Firm, P.A. has lawyers experienced in evictions from a landlords perspective in Orlando and surrounding areas. We work towards establishing relationships with landlords so that when an evictions situation arises, we are ready to act quickly, with predictable and reliable results. We understand that having to evict a tenant who is not paying as agreed is a hassle and an unwanted expense for landlords, but not having trained professionals handle the matter may result in further delay and possible unnecessary risk of liability on the part of the landlord if proper procedures are not followed. By having a local lawyer in Orlando handle your eviction, you are ensuring that your case will get the attention necessary to deliver fast effective results.
Failure to Pay - When a tenant fails to pay rent, the proper procedure to evict the tenant is to provide a 3 day pay or quit notice. These notices are easy to find on the internet, but when our clients sign a representation agreement with us we recommend that they allow us to provide them will a free template to ensure all the necessary language is included and instruct our clients on how to fill the forms out.
7 Day Notice Without Opportunity to Cure - When the lease terms are violated in a way that cannot be cured, 7 days notice of the termination of the lease is required prior to filing an eviction with the court. Following the right procedures is very important to ensure the eviction is correctly handled to avoid delays and potential liability on the landlord.
24 Hours to File a Complaint - Our focus is on landlords that may require the services of an eviction attorney either on a rare occasion or on a regular basis. By having an existing agreement in place, we are able to act quickly when a landlord desires to evict a tenant for failure to pay. By the time landlords contact us, they have usually already provided the 3 day pay or quit notice and are ready for a complaint to be filed. With these agreements in place, we make every effort to file the complaint within 24 hours of receiving a copy of the 3 day notice, a copy of the lease agreement, and the standard flat fee per eviction. Our process is quick, predictable, and reliable.
Building a Relationship - We know that landlords don't usually look for an eviction attorney until they need one, but we want to build a lasting relationship with landlords. We are not "on retainer" with landlords, but we do encourage landlords to sign representation agreements with us so that if our eviction services are needed in the future, they know what our prices are and what it takes to start the eviction process. This is just another example on how we make our services quick, predictable, and reliable.
Breach of Contract - There is more than one type of eviction. Failure to pay is the most common and what we specialize in. However, we can handle other types of evictions. The process for eviction based on a breach of contract other than failure to pay is more complicated and you sure use a lawyer to ensure the eviction is handled properly.
Drafting Lease Agreements and Other Documents - Using our services for eviction doesn't mean you should feel pressured to have us draft your lease agreements and other real estate documents. However, we certainly do recommend that you let us draft your documents to ensure that you are legally protected in case you need us if things go wrong later on down the road.
Flat Fees - All of our eviction cases bast on failure to pay are based on flat fees. You don't have to wonder what the eviction is going to cost you and you can price the possibility into your lease agreements. We do seek attorney fees and costs in every eviction case, but there is no guarantee that they will be awarded, or if awarded that you will actually recover.
Our Fees and Cost - We don't hide our flat fees for eviction. Fees are the money paid to us for our services. Cost are out of pocket expenses that are out of our control. When our clients need our services, they pay the minimum expected amount upfront. Our flat fees are currently as follows:
Costs are $400, plus $50 for each additional tenant. Any unused cost money will be returned. Those costs are based on:
- $185 filing fee
- $10 each summons.
- $50 service each tenant X 2
- $90 for the sheriff to execute a writ of possession.
Our Fees are: $400. Multiple evidentiary hearings are very rarely necessary, but if that does become necessary in your case, an additional flat fee of $250 will be charged for each evidentiary hearing after the first.
What locations do we cover? - We specialize in Central Florida, including the east coast of Florida covering Brevard and Volusia Counties, and the west coast of Florida including Hillsborough and Pinellas Counties. Our main office is in downtown Orlando, convenient to Orange, Seminole, Osceola, and Lake County. We also have an office in downtown Clearwater. Our flat fees are good throughout the Central Florida area. South and North Florida make be slightly more to account for the travel time needed for court hearings.