Law Office of Octavio L. Martinez

Attorney at Law

Landlord and Tenant


Evictions can range from simple uncontested matters to complexly litigated matters.  Unfortunately, when the eviction is initiated, there is no way of knowing what path it will take.  Therefore, landlords are often better served by using an attorney from the beginning.  Below are the steps generally involved in an uncontested eviction for non-payment:

  1. Posting of three day notice;
  2. Wait 3 days, not including weekends and holidays;
  3. Filing of Eviction Lawsuit with the County Court;
  4. Serve tenant with 5-Day Summons;
  5. Wait 5 days;
  6. If tenant does not Answer, obtain a Default from the Clerk of Court;
  7. Obtain a Final Judgment of Eviction from the Judge;
  8. If tenant is still on the property, get a Writ of Possession;
  9. Scheduling removal of tenant with Sheriff.

WHERE DO PROBLEMS ARISE?

If there is a defect in the three day notice or the eviction Complaint, the tenant, or their attorney, may move to dismiss the Complaint.  If granted, this could cause the landlord to have to pay the tenant’s attorney’s fees.

In the alternative, many tenants file an Answer to the Complaint.  This could be a formal typed document, or a simple handwritten note.  In either case, this prevents the clerk from issuing the default.  Steps must then be taken through the Judge assigned to the case.  The Judge may strike the Answer, or order mediation and/or trial.

In some cases, tenants even file bankruptcy, which automatically stays (stops) the state court eviction process.  In said case, the bankruptcy stay must be lifted in order for the eviction to be concluded.  Octavio L. Martinez, Esq. is licensed to practice in the Bankruptcy Court for the Southern District of Florida, and can handle this process as well.

The key to a successful eviction is having an aggressive attorney on top of the case, every step of the way.  Ever day wasted in the eviction process is money lost by the landlord.  At Octavio L. Martinez, P.A. we take evictions seriously, and do everything in our power to have them resolved as quickly as possible.  Please contact us at (305)274-2321 for a free consultation.

 

Copyright © 2020 olmlaw.com law web design