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.