Eviction and Daytona Beach lawyers

As a landlord, you could be in a precarious situation if you have to evict a tenant.

The Daytona Beach lawyers at Rice & Rose know what can happen if state and local regulations aren't followed. Each state has slightly different rules and many local governments have yet more rules. Also, federal discrimination laws also could come into play.ay.


As a landlord, you definitely should consult with Daytona Beach lawyers before starting the eviction process.

In Florida, there are several steps you have to take. You can't just post a sign on the door that says get out. First you must give a three-day notice. It can be delivered by mail (registered mail would be a good idea), by hand or posted on the door.

If you're lucky, the tenant will leave and you'll be spared a lot of costs.

If not, you'll have to file an eviction complaint along with the three-day notice, possibly the lease agreement, and pay filing fees and a summons fee.

So, are you finished? Not yet.

You'll need copies of the eviction notice, verifying the correctness of the address in order for the sheriff to deliver a five-day summons to the tenant. You'll need to supply envelopes for the documents that will be delivered to each tenant, including the eviction notice and the lease/rental agreement. And don't forget the postage.

All of this will also have to be filed with the county clerk or court, who offers several payments options. The sheriff demands a certified check or money order for his fee.

The process also takes a lot of time. Besides the three-day notice and the time it will take to get everything filed and for the sheriff to schedule the service, then you have to wait another five days for the tenant to respond.

Then there is even more work and more forms to file, including a motion for default and a final judgment as well as a writ of possession. All of this will need to be filed and then finally, if the tenant hasn't left, the sheriff can go and take possession of the property for you.

Daytona Beach lawyers note that all of this is for the state process. You'll also need to make sure, if your property is within an incorporated area, about the municipality's rules.

The federal government comes in if your tenant claims discrimination on the usual race, sex, religion, nationality, age or family status. Also, you must abide by fair credit rules and disability rules. And there's a new one. If you buy a foreclosed property, you have to honor the previous rental agreements as long as they are still in effect, or you have to give 90-days notice if they don't have a lease.

somekeyword are available to consult on eviction and all other landlord-tenant issues.

somekeyword is a Daytona Beach-based law firm that specializes in real estate law as well as many other practice areas.