Evictions

LANDLORD EVICTION SERVICES

The Longa Law Firm helps Landlords with evictions and tenant disputes in Hillsborough, Pinellas, and Pasco County, Florida.  

Process & Timing

Evictions typically take four to six weeks when uncontested. After filing the eviction lawsuit with the court, the summons and complaint will be served on the Tenant by a process server. After service is completed, the Tenant has 5 days, not including weekends or legal holidays, to answer the complaint and post money in the Court Registry. If the Tenant fails to answer the complaint and post money in the court registry, the Court will issue a default judgment against the Tenant. Upon issuance of the Judgment, a Writ of Possession is issued to the Sheriff to instruct the Sheriff to remove the Tenant from the Property. The Sheriff posts a first “warning” notice instructing the Tenant to vacate the premises within 24 hours. If the Tenant fails to vacate voluntarily, the Sheriff returns, typically within a week, to remove the Tenant from the property.  If the tenant posts money in the court registry, your attorney will schedule a hearing at the court and appear on your behalf.  In addition to filing for eviction, we can assist the Landlord in obtaining a monetary judgment against the Tenant for unpaid rent. 

It’s Easy to Get Started

In order to file the eviction, all we need is a copy of a legally valid three (3) day notice, an itemization of all past due rent, a copy of the Lease, and payment of attorney’s fees and outside costs.  The 3 day notice can only include the actual amount of rent owed.  It cannot include any late fees, interest, or any other fees or charges which are not defined as additional rent in your lease.   Call us at 800-673-7905 to get started.

What Can the Landlord Recover

Under Florida statutes, the Landlord can ask for damages, including, past due rent, attorney fees and reasonable costs from the tenant.

Florida Statutes (2010) 83.48  Attorney’s fees.–In any civil action brought to enforce the provisions of the rental agreement or this part, the party in whose favor a judgment or decree has been rendered may recover reasonable court costs, including attorney’s fees, from the non-prevailing party.

Florida Statutes (2010) 83.55  Right of action for damages.–If either the landlord or the tenant fails to comply with the requirements of the rental agreement or this part, the aggrieved party may recover the damages caused by the noncompliance.

Fees

If the eviction is uncontested, the flat attorney fee is $400, plus outside costs.  Outside costs are the court filing fees, the summons fee per tenant, copy costs, and process server fees.  We can provide you the exact amount for your county when you speak to us.  If the eviction is contested, attorney’s fees are charged on an hourly basis ($200 per hour for attorney services).   The flat fee does not include fees or costs associated with collection of a judgment, if necessary.