Eviction

TAMPA EVICTION ATTORNEY

An eviction is a legal process a landlord must use to remove a tenant from a rental house, apartment, or room. Typically, the landlord is evicting a tenant for non-payment of rent.  However, regardless of the situation, a landlord is NOT permitted to evict a tenant without a court order. 


WHAT IS THE EVICTION PROCESS

First, the Landlord must serve a three (3) day notice to vacate the premises or pay.   The notice must be in writing and demand the exact amount of rent owed. It typically should not include late fees, attorneys’ fees or any other charges. Further, the notice three (3) day notice excludes weekends.  After the three (3) day notice period has lapsed, the landlord may file suit. Once suit is filed the tenant has five (5) days, excluding weekends to do two things:

File an answer with the Court to the Landlords request for possession stating why he or she should not be evicted, and;

Deposit the money that the landlord alleges is owed into the Court registry.

If the tenant does not comply with these two requirements, with depositing the rent into the registry being the most important, the tenant forfeits his or her right to have their case heard by a Judge. The tenant has to pay to play! 

Finally, the Court issues a writ of possession, which is carried out by the Sheriff and instructs the Sheriff to physically remove the tenant from the property. 

WHAT ARE THE COURT COSTS INVOLVED IN AN EVICTION

Filing Fee$185.00

Summons Fee$10.00 (per tenant)

Process of Services$40.00 (per tenant)

Writ of Possession$90.00 (additional $40.00 per tenant in Tampa)

HOW LONG DOES THE EVICTION PROCESS TAKE

From start to finish, it takes approximately thirty (30) days to evict a tenant. In some cases, it can take as little as three (3) weeks to evict a tenant depending on the Court’s schedule and workload.

THE DO’S & DON’TS!

Prior to and after the filing of an eviction complaint, the landlord is permitted to speak to the tenant. However, the at any point, a landlord cannot do the following:

  • Interrupting utility services,
  • Changing the locks,
  • Removing doors, locks, windows, etc., or
  • Removing tenants property

If the landlord does any of the following, the landlord could be found liable for three times the amount of the monthly rent, or more in certain instances. 

The Tampa eviction attorneys at our firm have helped countless landlords and in Tampa eviction cases.

Call us today for assistance with your Tampa Bay eviction case.

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