MIDLER & KRAMER, P.A.

The Law Offices of Midler & Kramer, P.A.
(954) 567-0300 / (561) 929-3051

120 East Oakland Park Blvd, Suite 203 – Fort Lauderdale, FL 33334
2385 NW Executive Drive, Suite 100 – Boca Raton, FL 33431

EVICTION

EVICTION BY LANDLORD

Florida landlord/tenant law requires a formal and structured process to obtain an eviction. Based on our professional experiences in Miami-Dade, Broward, and Palm Beach counties, landlords fail to comply with this procedure. Most evictions proceed without challenge. This allows a landlord to disregard the safe guards provided to tenants and illegally compel a family to the streets.

NO FAMILY, REGARDLESS OF CIRCUMSTANCE, SHOULD BE FORCED FROM THEIR HOME BY A LAW ENFORCEMENT OFFICER UNLESS THE LAW IS FULLY COMPLIED WITH.

ARE YOU FALLING BEHIND ON THE RENT?

HAS YOUR LANDLORD THREATENED YOU WITH AN EVICTION?
 
YOU HAVE THE RIGHT TO DEFEND YOUR FAMILY FROM A GREEDY LANDLORD!
 
FORCE YOUR LANDLORD TO COMPLY WITH THE LAW!

1.   HABITABILITY

EVERY TENANT HAS THE RIGHT OF HABITABILITY!

IS YOUR PROPERTY IN SAFE CONDITION?

IF YOUR LANDLORD DOES NOT MAINTAIN YOUR HOME, YOU MAY BE ABLE TO STOP THE EVICTION!

IS YOUR ROOF SAFE?
DOES YOUR PLUMBING WORK?
DO YOU HAVE HOT WATER?
DOES YOUR AIR CONDITIONER FUNCTION?
ARE YOU ABLE TO OPEN AND CLOSE A WINDOW?
CAN YOU STAND ON YOUR BALCONY?
CAN YOUR CHILDREN SAFELY PLAY IN YOUR BACKYARD?

LET US EXAMINE YOUR PROPERTY TO DETERMINE WHAT SHAPE YOUR HOME IS IN!

STOPPING A LANDLORD/TENANT EVICTION STARTS WITH ONE FREE CALL!

 

 

IS YOUR PROPERTY COMPLIANT WITH MUNICIPLE AND COUNTY CODE(S)?

IF THERE IS A DEFECT IN YOUR PROPERTY, THIS IS A DEFENSE TO THE EVICTION!

WE SHALL NOTIFY YOUR LANDLORD OF THE DEFECT!

WE SHALL NOTIFY THE LANDLORD OF YOUR INTENT NOT TO PAY THE RENT!

IF THE LANDLORD FAILS TO ADDRESS THE DEFECT, THIS IS A DEFENSE TO THE EVICTION.

 

2.   THREE DAY NOTICE

Florida landlord/tenant law requires every eviction to start with a document commonly referred to as a “THREE-DAY NOTICE TO PAY OR VACATE”. Florida Statute requires your landlord to post the THREE-DAY notice on your door. Below is a sample copy for your review.

FAILURE TO PROPERLY SERVE THE 3-DAY NOTICE MAY RESULT IN A DISMISSAL OF THE LANDLORD/TENANT EVICTION.
 
FLORIDA LAW REQUIRES THE 3-DAY NOTICE TO BE POSTED ON YOUR FRONT DOOR. LEAVING THE NOTICE ON YOUR DRIVEWAY OR SIDEWALK IS NOT PROPER SERVICE AND THE EVICTION IS SUBJECT TO DISMISSAL.
 

FURTHMORE, FAILURE TO FULLY EXECUTE THE NOTICE WILL ALSO RESULT IN THE DISMISSAL OF THE EVICTION AND A RECOVERY OF YOUR ATTORNEY FEES AND COSTS.

THE 3-DAY NOTICE MUST PROVIDE THE AMOUNT OWED, WHERE THE PAYMENT IS TO BE MADE, AND THE DATE SAID PAYMENT IS DUE.

UPON POSTING, THE NOTICE MUST PROVIDE 3 DAYS {EXCLUDING WEEKENDS AND HOLIDAYS} FOR THE TENANT TO: (1) PAY THE OUTSTANDING RENTS IN FULL OR (2) VACATE THE PROPERTY BEFORE AN EVICTION COMPLAINT CAN BE FILED.
 
BE AWARE, THE 3 DAY NOTICE CAN NOT INCLUDE LATE FEES.  IF LATE FEES ARE CALCULATED INTO THE AMOUNTS OWED, THE NOTICE IS INVALID AND SUBJECT TO A MOTION TO DISMISS.
 

3.   EVICTION COMPLAINT

AFTER THE 3 DAYS HAVE ELAPSED FROM SERVICE OF THE 3-DAY NOTICE, THE NEXT STEP IS THE EVICTION COMPLAINT. 

THE LANDLORD IS REQUIRED TO MAKE 2 ATTEMPTS OF INDIVIDUAL SERVICE ON THE TENANT.  INDIVIDUAL SERVICE IS WHEN THE COMPLAINT IS HANDED TO THE TENANT BY THE LANDLORD’S PROCESS SERVER.  AFTER 2 ATTEMPTS, SERVICE CAN BE SATISFIED BY POSTING THE COMPLAINT ON THE FRONT DOOR.

BASED ON OUR EXPERIENCES, THE LANDLORD IS RELUCTANT TO PAY THE PROCESS SERVER TO ATTEMPT INDIVIDUAL SERVICE.

IN MOST CASES THE COMPLAINT WILL BE LEFT SOMEWHERE ON THE PROPERTY.  THAT IS WHY A TENANT MUST BE AWARE OF “WHEN” YOU WERE SERVED WITH THE COMPLAINT.

WE CAN GUIDE YOU AND YOUR FAMILY THROUGH THIS LANDLORD/TENANT EVICTION.  WE CAN KEEP YOU AND YOUR LOVED ONES IN THE HOME.

ONCE SERVED WITH THE COMPLAINT, YOU ONLY HAVE 5 DAYS TO FILE A RESPONSIVE PLEADING WITH THE CLERK AND YOUR LANDLORD!

4.   COURT REQUIREMENTS

FAILURE TO FILE A RESPONSIVE PLEADING WITHIN 5 DAYS SHALL RESULT IN A DEFAULT.  

WHEN FILING THE RESPONSIVE PLEADING YOU MUST SIMULTANEOUSLY PAY YOUR RENT TO THE COURT REGISTRY.

FAILURE TO PAY SHALL RESULT IN A DEFAULT.

UPON FILING, YOUR JUDGE WILL SET AN EVIDENTIARY HEARING REQUIRING YOU AND THE LANDLORD TO ATTEND.  AT THE HEARING, THE JUDGE WILL DECIDE, BASED ON YOUR RESPONSIVE PLEADINGS AND YOUR TESTIMONY WHETHER THE EVICTION IS JUSTIFIED.

IF A DEFAULT IS ENTERED, THE JUDGE WILL THEN SIGN A FINAL JUDGEMENT ALLOWING THE COUNTY SHERIFF TO POST A 24 HOUR EVICTION NOTICE ON YOUR FRONT DOOR.

5.   24 HOUR EVICTION NOTICE

IF A 24 HOUR EVICTION NOTICE IS POSTED ON YOUR DOOR, WE CAN HELP YOU AND YOUR FAMILY!

YOU HAVE ONLY 24 HOURS TO MOVE. IN MIAMI-DADE, BROWARD, AND PALM BEACH COUNTIES, THE 24 HOUR NOTICE INCLUDES HOLIDAYS AND WEEKENDS!

THERE IS NOTHING YOU CAN DO OR SAY TO THE SHERIFF IN ORDER TO DELAY OR STOP THE EVICTION!

THE SHERIFF WILL PROCEED FORWARD UNLESS YOU CAN PROVIDE A

JUDGE’S ORDER STAYING THE EVICTION.

 

WE ARE AVAILABLE 24/7 TO FILE AN EMERGENCY MOTION TO STOP THE EVICTION.

WE WILL CONTACT A JUDGE ON WEEKENDS, HOLIDAYS, ANY TIME DAY OR NIGHT.

WE WILL IMMEDIATELY CONTACT THE LANDLORD AND ATTEMPT TO NEGOTIATE THE FOLLOWING:

EXTENSION OF TIME

LEASE AGREEMENT

CASH FOR KEYS

WE HAVE DONE IT - WE CAN DO IT - PLEASE CALL US

IF LITIGATION IS NOT IN YOUR BEST INTEREST, WE SHALL IMMEDIATELY NEGOTIATE AN EXTENSION OF YOUR LEASE OR CASH FOR KEYS.

EVICTION DEFENSE IN FT. LAUDERDALE, BROWARD, MIAMI-DADE, PALM BEACH, AND THROUGHOUT THE STATE OF FLORIDA.