Fort Myers Eviction Attorney for Landlords

Landlord Representation for Disputes & Evictions: Call (239) 970-6844!

As real estate law attorneys in Fort Myers and Lee County, we have represented many clients in landlord-tenant disputes and eviction proceedings. Whether you are a commercial landlord or a residential landlord, we have the skill and experience to easily handle and manage eviction proceedings for you.

Why Choose Our Fort Myers Eviction Lawyers?

• Over 70 years’ collective experience on your side.
• Diligent, dedicated, and tireless representation.
• One-on-one service from your lawyer at every step.
• A legal approach tailored to your needs and goals.

Powell, Jackman, Stevens & Ricciardi, P.A. understands the legal rights of landlords when it comes to eviction. We can pursue legal actions with an in-depth understanding of the defenses and rights available to you in an eviction case. Call now to find out what our dedicated legal team can do for you.

We also offer a $1,500 Flat Fee Eviction Package for landlords.

How Does the Eviction Process Work?

While the eviction process certainly seems complicated at first glance, it can be broken down into 5 simple steps:

1. The first step is to provide a Notice of Eviction to the tenant. The specifics of the notice are dependent on the reason for the eviction itself; for example:
   1. You can serve a 3-Day Notice if the tenant has failed to pay rent. This Notice can be posted on the tenant’s door or hand-delivered. Upon receiving the Notice, the tenant will have 3 days to either pay the overdue rent or vacate the premises.
   2. You can also post or hand-deliver a 7-Day Notice if the tenant has violated a clause in the rental agreement that is unrelated to rent issues. This Notice offers the tenant 7 days to fix the problems or vacate the premises. Any violation of the lease can be cause for eviction, with the most common being: violation of HOA rules, unapproved tenants/visitors, and unapproved pets/animals.
   3. However, if there is not a rental agreement in place, then you will need to serve a 7-Day or 15-Day Notice to the tenant, depending on their rent schedule. The 7-Day Notice can be delivered if the rent was being paid weekly, and the 15-Day Notice can be used if the rent was provided on a month-to-month basis.
2. Next, if the tenant did not bring their payments current, vacate, or cure the violations, then we will proceed to file a Complaint for Eviction. This step also requires a summons fee (for each tenant/defendant), self-addressed envelopes, and any additional requirements as mandated by the Clerk of Court. The Complaint will include a copy of the Notice of Eviction, as well as a copy of the lease/rental agreements (if one exists), proof of ownership, and a property management agreement.
3. If the tenant has failed to vacate and/or cure the defects (legal-speak for “fix the problems), then our next step is to serve the summons to the tenant(s). Once served, the tenant must comply with the instructions on the summons and file an original answer with the Clerk of Court, and provide a copy to us, within 5 days of the receipt of the summons (weekends and legal holidays don’t count).
4. If the tenant(s) still fails to respond, then we will prepare and file a Motion for Default and a Motion for Final Judgment. These documents will be submitted to the court for review. The court (meaning, the Judge) will enter an order based on the pleadings or set the case for a hearing. If the tenant deposits past-due rent in to the Clerk’s registry and they file an answer, then the case will be set for a hearing.
5. If the tenant(s) does not vacate after the judge issues a final judgment, then we will submit a Writ of Possession to your local sheriff. A deputy will be dispatched to notify the tenant that they have 48 hours to vacate the property. The deputy will return 48 hours after the notification to remove the tenants from the property if they are still present. You’ll want to accompany the deputy, or send someone acting under your authority, to provide access to the property and install new locks once the eviction process is complete.

Avoid Legal Problems in an Eviction in Lee County

When you file an eviction proceeding against a tenant as a landlord, if the case is dismissed, you can be assessed attorney’s fees and the tenant may be able to remain in the property rent-free. Do not attempt to represent yourself in an eviction proceeding against a tenant. You need a legal professional who is fully versed in Florida landlord-tenant law.

At Powell, Jackman, Stevens & Ricciardi, P.A., we can fully protect your interests and efficiently prosecute your action to either remove the tenant from the property or obtain whatever relief you are seeking (i.e. payment of past due rents, abatement of a violation of the lease, or any other issue which gave rise to the eviction proceeding). Our focus is always on our professional, ethical, and honest service to our clients. Learn how we can help you by scheduling a consultation!

The lawyers at Powell, Jackman, Stevens & Ricciardi, P.A. are ready to review your legal options. Request your free consultation by calling (239) 970-6844 today.