Miami Eviction Lawyer

Category: Florida Real Estate Law
Hits: 3899

Miami Eviction Lawyer Help

Russell Law and Patrick Russell, Esq., a Miami Eviction lawyer can assist you with your Florida eviction case.  Our office can help you as either a landlord or a tenant for a Florida eviction.  Further, Russell Law can help you whether the Florida eviction is for residential or commercial property.  In all cases, we will review your lease and determine a proper course of action to either proceed or defend against a Florida eviction.

Florida Eviction Defined

Landlord-tenant matters involve the use and possession of land by a lease. A Florida eviction is the legal process by which a landlord seeks possession of the property from the tenant. The most common reason for an eviction is the nonpayment of rent. However, a breach of a material condition of the lease can also be the basis for an eviction. Residential and commercial property are governed by different Florida laws and therefore different procedures apply.

In Florida, a landlord cannot simply use self-help measures and forcibly remove a tenant without an order from the Court. Changing a tenant's locks, cutting off electricity, air conditioning or other services are all prohibited self-help measures. A tenant has a legal right to damages against a landlord that uses self-help measures to remove a tenant.

Real estate eviction cases are fast-track cases which means that their timely resolution is a priority. Before a landlord can evict a tenant, the landlord must give that tenant either a three-day or seven-day notice to cure and/or vacate. Thereafter, an eviction case can be filed in County Court to put possession of the property back in the hands of the landlord. If a tenant has a valid defense to the eviction, the tenant must file that defense in writing with the Court. Likewise, for the duration of the case, all rent must be paid into the Court Registry. Failure to properly assert a defense or to pay rent will entitle the landlord to a final judgment and writ of possession for the property. Once the Court has issued a Writ of Possession, the landlord may move in to take the property back, and the Sheriff's Office will assist you if the tenant will not vacate voluntarily.

Eviction cases have specific time deadlines and procedural requirements.  Failure to follow these guidelines may result in the dismissal of your eviction case or in the case of a tenant, the issuance of a final judgment against you.  If you need to remove a tenant or if you are a tenant that has received an eviction notice, it is strongly suggested that you seek the advice and help of a Florida Real Estate lawyer for your case.

Miami Eviction Lawyer Benefits

Russell Law and Patrick Russell, Esq., a Miami Eviction lawyer will help you prosecute or defend your Florida eviction case.  We will review your lease, prepare a strategy for the eviction process, and prepare all notices and appropriate Court filings for you.  Should a mediation or trial be needed for your eviction case, Russell Law will attend the same with you.  Finally, our office will assist you as a landlord in obtaining your property back once the eviction process is complete by working closely with the Sheriff.  In the case of a tenant, we will work with your landlord to obtain your security deposit back and to object to any improper charges or deductions to your deposit.  Should a landlord fail to properly return your security deposit, Russell Law can file a lawsuit on your behalf to obtain the monies that you are rightfully owed.

News / Updates

It is PTSD Awareness Month, learn how PTSD is integrated into our Veteran interviews #oralhistory #ptsd #veterans https://t.co/5eOIXDD9rR
3 of 5 stars to Mindfulness for Beginners by Jon Kabat-Zinn https://t.co/PJInwXMQHc
5 of 5 stars to From Wheat Fields to Battlefields by Robert F Shelato https://t.co/O4BjjV67S5
Watch my interview of WWII Veteran Brodie Hand - paratrooper from the 82nd Airborne and POW #WWII #oralhistory #pow https://t.co/nZryk2NzwQ
RT @mediatecom: "This Week in Mediation" #676 is now available at https://t.co/r4mgKhYgzw. Free subscription. #mediators #mediation #adr #…
RT @cedrsays: Interesting article on how #mediation can help with #mental health workplace disputes: https://t.co/1ivbeTcDgf #MentalHealthA
RT @MiamiVAMC: This #MentalHealthAwarenessMonth, learn about five ways to support a #Veteran who has #PTSD: https://t.co/iodHxZCqWE https:/…
What would you like to see in the future for #mediation?
Can the process and experience of mediation be improved, and if so, how? #Mediation #Mediator #ADR https://t.co/lBli4SfFL3
What is missing from the mediation process or if you could, what would you change about mediation? #mediation #ADR https://t.co/g6ATWrIuVU