We are Orlando eviction attorneys that help landlords get their property back through the eviction process.
Our clients typically face tenants that stop paying rent. We help you get your property back as soon as possible. Most eviction attorney websites do not give you much information about how evictions work. As you research which eviction attorney in Orlando to hire, below is some useful useful information on how the eviction process in Orlando works. Evictions in Orlando are governed by Chapter 83 of the Florida statutes.
Orlando Eviction Steps
Step One: 3-Day Notice. The owner or management company delivers a notice to the tenant stating that they have three days to pay rent or vacate the premises. Sometimes different notice periods are needed based on the circumstances. We can prepare the notice for you as part of the overall process.
Step Two: Complaint. We file a complaint, the Court issues a summons, and we serve the complaint on the tenant. The tenant has five days to respond.
Step Three: Motion. We file a motion for default judgment with the Court; or, if the tenant files a legal response to the complaint, we set the case for hearing.
Step Four: Judgment. We obtain a judgment for possession, either because of a default or after a hearing. Then a writ of possession is issued to the sheriff to remove the tenant from the property.
How long does the Orlando eviction process take?
At best, about 3-4 weeks. Longer if the tenant challenges the eviction in court.
What County Does the Eviction Need to be Filed In?
The eviction must be filed in the county where the tenant lives, which is probably the property you are trying to evict him or her from. For those in the Orlando area, evictions are filed in Orange County.
Do you need an Orlando eviction attorney to file an eviction?
You are not required by law to hire an attorney for an eviction. However, keep in mind that Courts will not give self-represented landlords any slack in following the eviction process. If you mess up, you may have to start from scratch and that may enable the tenant to escape or delay eviction.
What does an Orlando eviction attorney cost?
We charge a flat fee for all Orlando uncontested evictions.
While we strive to keep our attorney fees low, you may find cheaper law firms out there. However, note that you will always be able to speak with your attorney personally by phone or email, even without an appointment. Because we do not handle dozens of cases at once, we’re able to give each of my clients personalized attention.
Can you keep the security deposit?
Possibly, but not automatically. You must file a separate notice that you are keeping the security deposit. If you don’t follow the statutory provisions on this notice exactly, the tenant can sue you for the deposit even after being evicted. This is something we can help you with separately.
What if you don’t have a written lease?
Doesn’t matter. You can still likely use the eviction process to get rid of a problem tenant.
What happens to the tenant’s possessions?
You may be able to throw them away after the eviction is completed (including execution of the writ of possession), but you must follow statutory procedures.
Can you remove a family member in Orlando from your home?
Generally yes. The process is not called an eviction, but it follows many of the same procedures.
Can you recover past-due rent?
Generally yes, but it may not be worth it. As part of the eviction, we can file a two-count complaint: one to recover exclusive possession of the property and two to recover damages. All past-due rent is generally considered damages.
What can delay the eviction process?
Several things. If the landlord has issues properly serving the tenant with the eviction papers, the court proceedings must wait. The landlord must serve the tenant before a hearing on the eviction can happen.
Second, a tenant may be able to throw procedural barriers in the landlord’s way to delay the entire process. Whether or not they are valid, the court must first decide these issues before moving onto the eviction trial. For example, the tenant could raise issues with the landlord’s termination notice or allege problems. The tenant could also issue discovery requests, which must be answered.
Finally, a tenant’s affirmative defenses could cause additional delay. As an example, the tenant could raise the defense of discrimination, retaliation, or implied warranty of habitability. All of these could delay the entire process, whether or not the court ultimately finds them to be valid.
How do you get started?
Call us at (407) 444-0404 or contact us here. We can help you with everything from the 3-day notice through the end of the eviction.
Learn More About:
Commercial Eviction: Answers to common questions about commercial evictions in the greater Orlando area.