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.

Need Help with an Eviction? Contact us today at (239) 970-6844. Our dedicated legal team is here to guide you through the process and ensure your rights are protected.

Common Tenant Defenses Against Eviction

During eviction proceedings, tenants may present various defenses to challenge the eviction. Here are some common defenses and how a landlord's legal team can counter them:

• Non-payment of Rent Due to Habitability Issues
  Tenants may claim the property is uninhabitable due to maintenance problems.
  Counter: The landlord can provide evidence that the property was well-maintained and any issues were addressed promptly.
• Retaliatory Eviction
  A tenant may argue the eviction is retaliation for complaining about unsafe conditions or exercising legal rights.
  Counter: Landlords must show the eviction is based on legitimate, non-retaliatory reasons, such as non-payment of rent or lease violations.
• Improper Notice
  Tenants may claim they didn’t receive the proper eviction notice.
  Counter: The landlord’s legal team can present evidence of service of the correct notice in the proper format, such as a 3-day or 7-day notice.
• Wrongful Eviction During Pending Repairs or Legal Actions
  Tenants may claim they were evicted while repairs were in progress or before their legal issues were resolved.
  Counter: The landlord can show that all required legal procedures were followed and the eviction is unrelated to any repair or pending actions.

Landlord Rights vs. Tenant Rights in Florida

Understanding both landlord and tenant rights is crucial in navigating Florida’s legal landscape. Here’s a breakdown of each:

• Landlord Rights:
  • Right to Evict: Landlords can initiate eviction if tenants breach the lease agreement (e.g., non-payment or violations).
  • Right to Collect Rent: Landlords can set rent terms, and tenants must pay on time.
  • Right to Access Property: Landlords can enter the property with notice for repairs, inspections, or emergencies.
  • Tenant Rights:
  • Right to Habitable Living Conditions: Tenants can demand that landlords maintain the property in a livable condition.
  • Right to Privacy: Tenants have the right to privacy, and landlords must give proper notice before entering the rental property.
  • Right to Fair Treatment: Tenants are protected against discrimination under Florida’s Fair Housing Act.

Landlord Tips for Preventing Evictions

Preventing evictions is always better than going through the legal process. Here are some tips:

• Screen Tenants Thoroughly: Conduct background checks to ensure the tenant has a history of paying rent on time and maintaining rental properties.
• Use Clear Lease Agreements: Clearly outline the rules, responsibilities, and consequences for violating terms, so there’s no ambiguity.
• Respond Quickly to Maintenance Issues: Address any repair or maintenance requests promptly. Keeping the property in good condition prevents disputes over habitability.
• Communicate Openly: Establish a good relationship with tenants and encourage open communication to resolve issues before they escalate into eviction.

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 experienced team also handles title transfers and other real estate legal matters, ensuring all aspects of property ownership and transactions are legally sound. Our focus is always on our professional, ethical, and honest service to our clients. Learn how we can help you by scheduling a consultation!

Frequently Asked Questions (FAQ)

How long does the eviction process take in Florida?

• The eviction process in Florida typically takes between 3 to 4 weeks, but it can take longer depending on the complexity of the case, whether the tenant contests the eviction, and court schedules. Once the final judgment is made, a sheriff can execute the eviction, which may take additional time.

Can a landlord evict a tenant without a lease agreement?

• Yes, a landlord can evict a tenant even if there’s no formal lease agreement, as long as there’s proof that rent was paid and the landlord-tenant relationship existed. In this case, the landlord must follow the proper notice procedures, such as providing a 7-day or 15-day notice, depending on the rental payment schedule.

What if a tenant doesn’t have enough money to pay the rent?

• If a tenant cannot pay the rent, landlords must follow the legal eviction process. However, before proceeding, it may be worth considering payment plans or other solutions, as it could help avoid eviction and maintain a positive landlord-tenant relationship.

Can I change the locks after serving an eviction notice?

• No, you cannot change the locks until the eviction is finalized and a Writ of Possession is issued by the court. Changing the locks prematurely could lead to legal consequences for the landlord. You must wait for the sheriff’s intervention to remove the tenant from the property.

What happens if a tenant leaves personal belongings after eviction?

• In Florida, if a tenant leaves personal belongings after eviction, the landlord must follow the legal process to dispose or store those items. Generally, landlords must provide notice to the tenant before discarding or selling the belongings. Failing to comply with this can result in legal action from the tenant. This process is similar to procedures followed in real estate closings, where all necessary steps and legalities must be followed to avoid disputes and ensure proper handling of all property matters.

Can I evict a tenant for violating lease terms?

• Yes, if a tenant violates the terms of the lease, such as unauthorized guests, pet violations, or damaging the property, you can issue a 7-day notice and begin the eviction process. If the tenant doesn’t cure the violation or vacate, you can proceed with filing for eviction.

Is there a grace period for late rent in Florida?

• Florida law does not require a grace period for late rent unless explicitly stated in the lease agreement. If a tenant is late, the landlord can issue a 3-day notice for non-payment of rent. However, many landlords may offer a short grace period as a courtesy before beginning the eviction process.

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.

Facing a Tenant Dispute? Contact us now at (239) 970-6844. We’ll work with you every step of the way to resolve the issue efficiently and protect your interests.