Tenant Law in Florida is Unlawful Detainer, Foreclosure and Month-to-Month Rental Agreements. Unlawful detainer is a legal term that means the tenant has been served with a notice to leave or quit his rental property by the landlord.
If the tenant does not move out of the property within 5 days after being given this notice, then he can befor cibly removed from the premises by law enforcement officers. The most common reason for Unlawful Detainer is if a lease expires and there are no other agreements in place between the landlord and tenant.
If you are being sued for Unlawful Detainer, it means the landlord has filed a case against you in court and won.The judge granted an Unlawful Detainer Order of Possession which states that if you do not leave your home by the date listed on this order then law enforcement can force you out and store any possessions left behind at the property owner's expense. You will need to consult with an attorney as soon as possible because there may be defenses available such as mortgage foreclosure or bankruptcy discharge.
The Unlawful Detainer Order of Possession is usually granted to landlords after they have filed an Unlawful Detention Complaint with the clerk's office and been served with notice by law enforcement for Unlawful detentions, which are typically only possible if you are renting month-to-month or on a daily basis.
Unlawful detainers give your landlord the right to take possession of a home that has not paid rent in some months without first giving you 30 days' written notice as required under Chapter 83 of Title II - Foreclosure (Levy).
Defenses to Unlawful Detainer Florida
If you are served with an Unlawful Detainer, it is important to know what your next steps should be. If theUnlawful Detainer was issued by your landlord in response to you not payingrent on time, then contact an Brian Kowal right away.
The eviction process can takeanywhere from 30 days-90 days depending how quickly the court schedules andholds trial dates for both parties involved. You will need Us for legalrepresentation throughout this process or else risk being evicted without any of your belongings inside the property that you were renting!
Contacting Us before attempting toevict tenants may prevent unnecessary liability.
Common reasons why landlords chooseunlawful detainer as an option: late rent payments , damage or neglect of theproperty, violation of lease terms.
If you breach any provision in arental agreement and do not cure such breach within 14 days after notice from yourlandlord specifying the same, then the landlord shall be entitled to terminatethe rental agreement and recover damages.
BestUnlawful Detainer Attorney in Florida
It's not always easy for landlordsor tenants in unlawful detainers cases to know what steps they should take next- this is where experience and expertise from Brian Kowal can come into play.Whether you're being unlawfully detained by your landlord yourself as a tenant,or want to know what to do if yourlandlord is being unlawfully detained by a tenant, we've got you covered.
Unlawful detainers can happen formany reasons: the landlord or tenant has failed to pay their rent on time;they're damaging property that's not theirs; there have been some breaches ofcontract in regards to pets and things like smoking inside the house, etc.
At Brian Kowal Law, We can help you get yourhome back. If you’ve been served with an Unlawful Detainer notice, contact us today to schedule a free consultation and learnmore about what we do for our clients in this circumstance. We want to answerany questions that might be on your mind as soon as possible so please don'thesitate to reach out!
