The Law Office of Steven D. Fichtman often handles residential landlord & tenant disputes for either landlords or tenants in the Citrus County area. This dual experience in residential landlord & tenant cases having worked for both the property owners and the tenants at different times, puts our law office in a unique position to understand the legal strengths to pursue and weaknesses to avoid in said eviction cases.
Residential Landlord & Tenant Law in Florida
With foreclosures on the rise and an increasing trend to avoid the responsibility of a mortgage, more and more individuals are opting to lease their home. And real estate investors wanting to increase their real estate portfolio are purchasing more rental properties to take advantage of rising rental rates. Whether you fall on one side of this arrangement or the other, attorney Steven D. Fichtman can help you understand your rights. Considering the vast number of residential rental properties in Citrus County and the high dollar rent that some retirement communities command like Black Diamond, Terra Vista, Citrus Hills, Brentwood, Pine Ridge, and Sugarmill Woods, it is crucial that each case be handled correctly the first time by a qualified landlord/tenant attorney experienced in eviction law proceedings.
Overview of the Residential Eviction Process in Florida
Step one in a residential eviction is when the landlord serves the tenant a notice to pay or vacate the premises. When a tenant does not pay the rent, the Landlord is required to give the tenant notice in writing to leave the property or pay the rent.
We have found that often the property owner or landlord will improperly ask a tenant for additional money beyond what is owed. For some judges, this action is enough to delay or even dismiss the eviction.
Step two in the residential eviction process requires the landlord to file and serve the eviction complaint in writing. Upon receiving the eviction complaint, the tenant may have as little as five days to respond to the eviction notice or face a default (meaning the loss of the right to defend the eviction notice). If the tenant files a written response, the Court may set a hearing where both the landlord and the tenant can argue their cases. If the tenant does not respond, the landlord can ask the Court to enter a judgment in favor of the property owner. If a judgment is entered, but the tenant still fails to leave, the landlord has the right to ask the Sherriff’s Department to evict the tenants by serving a writ of possession.
When is it Over
Let it be known that the eviction does not break all legal ties between the landlord and the tenant. A previous tenant can still make claims against the landlord for the return of a security deposit or advance rent. The landlord can also make a claim for past due rent, damages, or other fees. For these reasons, it is always advisable to hire an experienced residential landlord-tenant lawyer to work for your best interests.
For a consultation appointment with an experienced residential landlord-tenant lawyer in Crystal River, Citrus County, please contact the Law Office of Steven D. Fichtman at 352-364-9112.