When a residential tenant stops paying rent, violates the lease, or remains in the property after the tenancy has ended, Florida law provides a procedure for the landlord to recover possession.
The procedure is relatively straightforward when it is handled correctly. Problems often arise, however, when the wrong notice is used, the notice contains incorrect information, rent is accepted after the notice without addressing the statutory requirements, or the landlord files the case before the required notice period has expired.
John B. Trawick, PLLC represents residential landlords in Escambia and Santa Rosa Counties in appropriate eviction matters.
Eviction for Nonpayment of Rent
If a residential tenant fails to pay rent when it is due, Florida law generally requires the landlord to serve a written three-day notice demanding payment of the rent or possession of the property before filing an eviction action.
The three-day period does not include Saturdays, Sundays, or court-observed legal holidays.
The notice must also state the proper amount of rent due. Charges that do not legally constitute rent should not simply be added to the amount demanded.
If the tenant does not pay the amount properly demanded or surrender possession within the required time, the landlord may then be able to file an eviction action.
Already Served a Three-Day Notice?
Send us the lease and the notice you served. We can review them and determine whether the matter appears ready to file.
Standard uncontested residential eviction: $950 flat attorney fee + costs
Need Us to Prepare the Notice?
If you have not yet served a notice, or you are unsure whether your existing notice is correct, we can review the lease and prepare the appropriate notice.
Residential eviction notice: $300 flat attorney fee
If we prepare the notice and you later retain us to file the standard eviction arising from that notice, the $300 is credited toward the $950 eviction fee.
Eviction for Lease Violations
Nonpayment of rent is not the only reason a residential tenancy may be terminated.
Depending upon the circumstances, a landlord may be entitled to terminate a tenancy because of a material violation of the lease or the tenant's statutory obligations.
Examples may include:
- Unauthorized occupants
- Unauthorized pets
- Certain repeated disturbances
- Improper use of the property
- Failure to maintain the property as required
- Other material violations of the lease
The notice required depends upon the nature of the violation.
Some violations must first be identified in a written notice giving the tenant an opportunity to correct the problem.
Other serious or repeated violations may permit termination without another opportunity to cure.
Because the proper notice depends on the particular facts, we recommend having the lease and proposed notice reviewed before filing suit.
Holdover Tenants
A landlord may also need to recover possession when a tenant remains in the property after the lease has expired or the tenancy has otherwise been properly terminated.
The notice required before filing depends on the type of tenancy and the circumstances under which it is being terminated.
If you are unsure whether the tenancy has been properly terminated, send us the lease and any notices that have already been served.
What Does the Flat Fee Include?
The $950 flat attorney fee for a standard uncontested residential eviction includes:
- Review of the lease and eviction notice
- Preparation and filing of the eviction complaint
- Preparation of the summonses
- Review of basic payment information
- Preparation of the motion for default, if appropriate
- Preparation of the motion for final judgment, if appropriate
- Request for a writ of possession, if necessary
- Routine communications with the clerk and process server regarding the eviction
- Routine communications with you regarding the status of the uncontested eviction
What Is Not Included in the Flat Fee?
The flat attorney fee does not include court filing fees, service of process charges, sheriff's fees, or other third-party costs.
The flat fee also does not apply if the tenant contests the eviction, files defenses or counterclaims, or otherwise requires litigation beyond a standard uncontested eviction.
If the matter becomes contested, we will discuss the additional work and fees with you before proceeding.
Ready to Get Started?
Send us the lease and any notices that have already been served. We will review them and let you know whether the matter appears appropriate for our flat-fee eviction service.