How long does a Residential Tenant Eviction take?

We are normally able to complete Residential Tenant Evictions in 4 weeks or less once required preliminary notices have matured.

Do I have to go to Court for my Eviction or will you handle it?

You may be required to be present in court. Less than 50% of Evictions require a court hearing. Court hearings, if needed, are usually 30 minute procedures with your attorney handling most activity.

Don’t Tenants have to deposit rent into the court registry to be entitled to a hearing?

Normally, yes, but sometimes based upon a Tenant’s written answer, the Judge may want a preliminary hearing to determine how much the Tenant must deposit.

Is it legal for a Tenant to hold back rent and still not be evicted?

Yes, if the Tenant gives a Landlord at least 7 days written notice prior to rent being due requiring the Landlord to correct a deficiency in the premises. You may still be able to evict the Tenant if the Court finds that the Tenant did not give the Notice properly or if there is no legal deficiency at the premises.

What happens when the Tenant won’t let me have access to make repairs or show the property?

Florida Statutes, 83.53, provides that a Tenant cannot unreasonably withhold consent for Landlord inspection of the premises and repairs, however, proper and timely notices must be given to the Tenant.

My lease says I get immediate possession if the Tenant defaults. Can’t I lock them out?

Any lease provision which doesn’t require a court supervised eviction is illegal and unenforceable. Self help re-possession by a Landlord in Florida is strictly prohibited by Florida Statutes, 83.67. Violation of this statute by a Landlord can be very costly.

Keith Ringelspaugh PA has been representing Landlords and Lenders in matters of Landlord/Tenant Eviction Law and Mortgage Foreclosure Law for over 35 years!

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Keith Ringelspaugh is one of only a few Florida attorneys who has earned a Board Certification in Real Estate Law.

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