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Your Experienced & Professional Legal Team
Our Law Practices
The attorneys at Legal Advocates, PLLC have represented numerous national lenders in thousands of residential foreclosure cases across the State of Florida. The attorneys of Legal Advocates, PLLC, utilize their knowledge and experience within the foreclosure industry to help homeowners and business owners preserve and defend their rights in foreclosure actions. The attorneys at Legal Advocates, PLLC have collectively handled hundreds of foreclosure trials.
The lenders know that when Legal Advocates, PLLC takes a case they are in for a fight. By aggressively litigating our clients’ cases, we have gained tremendous bargaining power against the lenders; often leading to considerable non-home/property retention settlement offers. We can also assist our clients in the tedious application process via short-sale and/or deed-in-lieu of foreclosure. When our clients are interested in retaining their home/property, we can also similarly negotiate loan modifications.
Many home and property owners fear that one day they will come home to find their locks changed and their stuff out on the curb. This is not permitted under Florida law. The attorneys at Legal Advocates, PLLC, make sure that never happens. Our attorneys are skilled litigators that work tirelessly to prevent such a thing from happening to any of our clients. When you choose to hire a law firm, make sure you are hiring one that will litigate your case and make the bank prove every element required. While the case is progressing, you will be able to live in your home without making additional mortgage payments or continue renting out your investment property.
The Foreclosure Process in Florida
Florida is a judicial foreclosure state, which means that lenders are required to go through the court system to foreclose on your home. Once you are served with a foreclosure complaint, you only have 20 days to file a response.
Therefore, waiting to see what happens is not an option. So, you must act quickly to assert any defenses you may have, or you risk being unable to raise them at a later time. You have the right to assert defenses, seek discovery from the lender concerning your loan, depose witnesses, and force the lender to prove their case.
If you have been served with a foreclosure complaint, this can very stressful time for you and your loved ones. We are here to help you through the legal process and to protect your rights.
The attorneys at Legal Advocates, PLLC are knowledgeable and experienced in all landlord-tenant legal issues. Our attorneys are experienced in both the transactional aspects of this area of practice, as well as the litigation aspects, should disputes arise. Disputes may sometimes be resolved with a simple letter written by a knowledgeable attorney, and sometimes they require litigation. In either situation, it is always best to resolve disputes with the help and guidance of an experienced landlord-tenant attorney.
Legal Advocates, PLLC handles all aspects of landlord-tenant law
Landlord-tenant law regulates the relationships between property owners and tenants and imposes certain duties on both parties. Florida’s landlord-tenant law varies in residential and commercial leases.
Florida landlord-tenant law can appear both broad and complex. Most renters and landlords are aware that there are laws dealing with landlord-tenant relationships and that they have certain rights when they are involved in a dispute; however, they often don’t know those rights or the proper procedures to follow during such a dispute.
Disputes between landlords and tenants can involve a wide range of issues. For example, a tenant may wish to terminate a lease or withhold rent due to a landlord’s noncompliance with the rental agreement or the law, or a landlord may want to terminate a lease or evict a tenant for the tenant’s noncompliance with the rental agreement or the law, or there may be a dispute regarding the security deposit.
Prohibited Acts By A Landlord
In Florida, landlords are prohibited from certain actions. For instance, a landlord cannot just throw out a tenant or order a tenant to leave the rented premises, only a judge can order a tenant evicted from the rented premise. Moreover, Florida law does not allow a landlord to force a tenant out through particular actions, such as: shutting off the utilities or interrupting the service of water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration (even if that service is under the control of the landlord or the landlord makes payment); changing the locks or using a device that denies the tenant access; removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement); and removing the tenant’s personal property from the rented residence.
Prohibited Acts By A Tenant
Tenants are likewise prohibited from certain actions. Importantly, unless the lease agreement contains a contrary provision, a tenant may not just withhold rent or terminate the lease because the tenant has a dispute with the landlord. The tenant must first give the landlord notice and an opportunity to remedy the situation. Florida law dictates the manner and procedure the tenant must follow before withholding rent or terminating a lease. Otherwise, if the tenant simply withholds rent or abandons the rented premises, the landlord can file an eviction against the tenant or initiate legal proceedings against the tenant for monetary damages.
Security Deposit Disputes
In disputes involving a security deposit, Florida law dictates the procedures and timelines regarding the return of a security deposit or a landlord’s intent to keep part or all of a security deposit. After the lease terminates and the tenant moves out, the landlord must return the deposit within 15 days if the landlord does not intend to impose a claim on the security deposit. If the landlord intends to impose a claim on the deposit, the landlord must state in writing by certified mail to the tenant’s last known mailing address within 30 days explaining why the landlord is keeping a portion of or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits the right to impose a claim upon the deposit.
Unless the tenant objects to the landlord’s claim on the deposit within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days. If the tenant objects to the landlord’s claim, the tenant should first notify the landlord in writing by certified mail that the tenant objects to the landlord’s claim on the security deposit. The tenant may then file a complaint with the Department of Agriculture and Consumer Services or institute an action in a court of competent jurisdiction to determine the landlord’s right to the security deposit.
Evictions
When a landlord is attempting to evict a tenant, Florida law dictates specific steps and procedures, as well as exact timelines, which both the landlord and tenant must follow and abide. If the landlord fails to correctly follow the steps and procedures, the eviction may be dismissed by the court. Likewise, if the tenant does not properly follow the procedures and abide by the timelines, the court may find the tenant in default and grant the eviction.
If you are served with an eviction complaint or if one is posted on your door, it is essential that you act quickly and seek the advice of counsel. Florida law requires that all defenses in law or fact shall be contained in the defendant’s answer which shall be filed within 5 days after service of process. Failure to file an answer and the necessary motions could result in the Court immediately entering a default against you, entering judgment in favor of the landlord, and issuing a writ to the Sheriff to remove any tenants along with their possessions from the property. Thus, time is of the essence.
For all these reasons, it is important to have an experienced attorney on your side who knows and understands the complexity of Florida landlord-tenant law to protect your rights!
There are certain responsibilities that apply to each party as outlined by law. The landlord and tenant share many of the responsibilities. Maintenance of the premises is a good example.
The Landlord’s Responsibilities
The landlord’s responsibilities will depend on the type of rental space. The landlord of a dwelling unit at all times during the tenancy shall:
- Comply with the requirements of applicable building, housing, and health codes; or
- Where there is no applicable building, housing, or health codes; maintain the roof, windows, screens, floors, steps, porches, exterior walls, foundations and all other structural components in good repair and capable of resisting normal forces and loads.
- Keep the plumbing in reasonably good working condition.
- The landlord’s obligations may be altered or modified in writing with respect to a single-family dwelling or duplex.
In addition to providing the above, the landlord of a dwelling unit other than a single-family home or duplex shall, at all times of the tenancy, make reasonable provisions for:
- Extermination of rats, mice, ants, and wood-destroying organisms and bed bugs.
- Locks and keys.
- Clean and safe conditions of common areas.
- Garbage removal and outside receptacles.
- Functioning facilities for heat during winter, running water, and hot water.
- If the dwelling is a single-family home or duplex, a working smoke detection device is.
This does not mean that the landlord is obligated to pay for utilities, water, fuel, or garbage removal, although he/she may choose to. Other provisions relevant to a rental agreement may also be altered in writing.
The Tenant’s Responsibilities
A tenant, at all times during the tenancy, shall:
- Comply with all building, housing, and health codes.
- Keep the dwelling clean and sanitary.
- Remove garbage from the dwelling in a clean and sanitary manner.
- Keep plumbing fixtures clean, sanitary, and in repair.
- Not destroy, deface, damage, impair or remove any part of the premises or property belonging to the landlord, nor permit any person to do so.
- Conduct him/herself, and require other persons on the premises with his/her consent, to conduct themselves in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.
- Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances, including elevators.
Renting a house, apartment or business space to someone creates a legal relationship between the property owner and the tenant. The law imposes rights and responsibilities for both parties, and a breach of either may give rise to a legal cause of action. When a party to a lease fails to live up to their responsibilities or violates the others’ rights, the aggrieved party may be able to bring a lawsuit to rectify the situation. The law that governs the relationship between landlords and tenants can be extremely complicated, and anyone having a dispute with a landlord or tenant should contact an experienced attorney as soon as possible.
We represent both residential and commercial tenants who believe their rights are not being respected. Florida landlord-tenant law can appear both broad and complex. Most renters are aware that there are laws dealing with landlord-tenant relationships and that they have certain rights when they are involved in a dispute; however, they often don’t know those rights, how to apply them, or the proper procedures to follow during such a dispute.
If you are threatened or have been served with an eviction action, we can help ensure that your landlord follows the requisite legal procedures and meets the burden of proof required for eviction. It may be possible to extend the time constraints, work out a settlement agreement, or even fight the validity of the eviction action. If your landlord has not provided you with a safe and habitable premise, ensured you that you have quiet enjoyment of the property, or made reasonable repairs; there are processes that can be utilized to correct these deficiencies. We will help you get the remedy you need!
Landlord-Tenant Law in Florida
The law imposes certain rights and responsibilities for both parties, and a breach by either may give rise to a legal cause of action or a valid defense thereof. When a party to a lease fails to live up to their obligations or violates the others’ rights, the aggrieved party may be able to bring a lawsuit to rectify the situation. The law that governs the relationship between landlords and tenants can be extremely complicated, and anyone having a dispute with a landlord should contact an experienced attorney as soon as possible. The attorneys of Legal Advocates, PLLC are dedicated to representing people involved in landlord-tenant disputes, and pride themselves on providing superior legal representation at a reasonable cost, as everything we do is always in your interest.
The attorneys at Legal Advocates, PLLC are knowledgeable and experienced in both the transactional aspects of this area of practice, and the litigation aspects, should disputes arise. Disputes may sometimes be resolved with a simple letter written by a knowledgeable attorney, and sometimes they require litigation. In either situation, it is always best to resolve disputes with the help and guidance of an experienced landlord-tenant attorney.
Some of the matters we handle on behalf of tenants include the following:
- Defending Evictions
- Compelling landlords to make necessary repairs
- Implied warranty of habitability issues
- Quiet enjoyment claims
- Security deposit claims
- Drafting and serving notices, demand letters, amongst other correspondences
- Seeking damages
Disputes between tenants and landlords can involve a wide range of issues. For example, a tenant may wish to terminate a lease or withhold rent due to a landlord’s noncompliance with the rental agreement or the law.
Prohibited Acts By A Landlord
In Florida, landlords are prohibited from certain actions. For instance, a landlord cannot just throw out a tenant or order a tenant to leave the rented premises, only a judge can order a tenant evicted from the rented premise. Moreover, Florida law does not allow a landlord to force a tenant out through particular actions, such as: shutting off the utilities or interrupting service of water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration (even if that service is under the control of the landlord or the landlord makes payment); changing the locks or using a device that denies the tenant access; removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement); and removing the tenant’s personal property from the rented residence.
The Landlord’s Responsibilities
The landlord’s responsibilities will depend on the type of rental unit.
Florida Statutes 83.51 – Landlord’s obligations to maintain premises
- The landlord of a dwelling unit at all times during the tenancy shall:
- Comply with the requirements of applicable building, housing and health codes; or
- Where there is no applicable building, housing or health codes; maintain the roof, windows, screens, floors, steps, porches, exterior walls, foundations and all other structural components in good repair and capable of resisting normal forces and loads; keep the plumbing in reasonably good working condition. The landlord at commencement of the tenancy, must ensure that screens are installed in a reasonable condition. Thereafter, the landlord must repair damage to screens once annually, when necessary, until termination of the rental agreement.
In addition to providing the above requirements, the landlord of a dwelling unit other than a single-family home or duplex shall, at all times of the tenancy, make reasonable provisions for: Extermination of rats, mice, ants and wood destroying organisms and bed bugs; locks and keys; clean and safe conditions of common areas; garbage removal and outside receptacles; functioning facilities for heat during winter, running water and hot water.
If the dwelling is a single-family home or duplex, a working smoke detection device. This does not mean that the landlord is obligated to pay for utilities, water, fuel or garbage removal, although he/she may choose to. Other provisions relevant to a rental agreement may also be altered in writing.
Security Deposits
We also represent tenants in security deposit disputes. In disputes involving a security deposit, Florida law dictates the procedures and timelines regarding the return of a security deposit or a landlord’s intent to keep part or all of a security deposit. After the lease terminates and the tenant moves out, the landlord must return the deposit within 15 days if the landlord does not intend to impose a claim on the security deposit. If the landlord intends to impose a claim on the deposit, the landlord must state in writing by certified mail to the tenant’s last known mailing address within 30 days explaining why the landlord is keeping a portion of or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits the right to impose a claim upon the deposit.
Unless the tenant objects to the landlord’s claim on the deposit within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days. If the tenant objects to the landlord’s claim, the tenant should first notify the landlord in writing by certified mail that the tenant objects to the landlord’s claim on the security deposit. The tenant may then file a complaint with the Department of Agriculture and Consumer Services or institute an action in a court of competent jurisdiction to determine the landlord’s right to the security deposit.
Evictions
When a landlord is attempting to evict a tenant, Florida law dictates specific steps and procedures, as well as exact timelines, which the landlord must follow. If the landlord fails to correctly follow the steps and procedures, the eviction may be dismissed by the court.
If you are served with an eviction complaint or if one is posted on your door, it is essential that you act quickly and seek the advice of counsel. Florida law requires that all defenses in law or fact shall be contained in the defendant’s answer which shall be filed within 5 days after service of process. Failure to file an answer and the necessary motions could result in the Court immediately entering a default against you, entering judgment in favor of the landlord, and issuing a writ to the Sheriff to remove any tenants along with their possessions from the property. Thus, time is of the essence.
If you are involved in a landlord-tenant matter you should contact an experienced landlord-tenant attorney as soon as possible. The landlord-tenant lawyers of Legal Advocates, PLLC are dedicated to helping people with landlord-tenant issues as quickly and efficiently as possible.
Breach of Contract
Whether you realize it or not, contracts are part of our everyday life. Whether it be the agreement that you sign with your cell phone provider, the terms and conditions box that you blindly check off on social media sites or agreements you enter into as part of your business activities. In Florida, the law recognizes both oral and written contractual agreements. Many people don’t fully understand the terms and clauses in a contract that they have signed until there is a breach by a party thereof.
The elements for a breach of contract action are:
- The existence of a contract;
- A breach of the contract; and
- Damages resulting from the breach.
It doesn’t matter what type of business you’re in or how large (or small) your company is, the contracts you sign with your partners, clients, vendors, etc., are essential for helping to ensure that your business interests are protected and to avoid problems which may arise in the future. A dispute or breach of contract is serious and could affect you personally, your business, and leave you vulnerable and open to liability, unrecoverable damages, and litigation.
Whether it’s a signed and executed contract or even just an oral agreement, breach of contract actions are governed by Florida law and typically binds the parties to whatever is agreed upon, giving deference and enforcing clauses and provisions which have been reduced to writing. This means that when one of the parties breaches the contract or there is some dispute over it, there are legal resources available to you so that you can appropriately protect yourself, your assets, and/or your business. However, it takes a qualified attorney skilled in contractual disputes and business litigation to provide the most optimal representation in a legal proceeding and ensure the other party is held accountable.
The attorneys at Legal Advocates, PLLC have successfully represented clients in Palm Beach and Broward counties and prevailed in numerous cases involving breach of contract and business tort claims. Our attorneys represent both businesses and individuals in contract disputes and have significant experience in this area of law. If you would like to discuss your legal rights, contact Legal Advocates, PLLC today.
We encourage business owners to think of contractual agreements as relationship-building blocks. A standard business has a contractual relationship with its employees, customers, and vendors. Reasonable people often have misguided understandings about the terms of their business relationship(s). Many of those misunderstandings can often lead to issues and disputes; even when the other party was someone who they initially trusted; friends, family, business acquaintances, etc. Those disputes often lead to costly litigation, loss of relationships, reduction of productivity, and unnecessary stress.
A professionally drafted and properly executed contractual agreement will assist business owners to manage risk, avoid unnecessary issues and disputes, limit liability, and evading unnecessary legal fees. In our experience, people who are diligent and take the time to have a contractual agreement written and executed, grow their businesses more efficiently and sell them on better terms. At Legal Advocates, PLLC, we can help you gauge what business relationships you have or are contemplating entering into and which of those are apt to be reduced to writing. Because we have drafted and reviewed a vast array of contractual agreements for a variety of industries, we can appropriately create all the documentation you made need to fit your circumstances.
When drafting a business contractual agreement, it is imperative that everything is put in writing as specifically as possible so that each party knows exactly what is required and expected of them. The contractual obligations of each party need to be described in detail to avoid potentially misguided understandings which may arise at a later time. If there are any words that could potentially be misconstrued or any terms that might be ambiguous, parties should be sure to appropriately define them within the contract.
Elements of a Business Contract
A carefully composed business contractual agreement will protect both parties, clearly describe each detail of the agreement, and contain these essential components:
An offer and an acceptance; Consideration – Both parties must receive something of value from the agreement;
The understanding of both parties is that this is a legally binding agreement; All parties must have the legal capacity to enter into the contractual agreement; A statement of purpose of the contractual agreement; An explanation of the obligations and duties of each of the parties involved; Rights granted to each party related to the agreement, typically in the form of representations and warranties;
Standard contractual language — including choice of law, severability, how to provide notices, and who will assume legal fees in the event of a dispute; Signature block, including space for a notary public, if necessary.
The drafting of a business contractual agreement can often be complicated and difficult. It is essential to retain a business attorney who can assist you with the initial, final draft and contractual review. A business attorney can also explain your duties, obligations, and responsibilities under the contract. Hiring an experienced business contract attorney will help protect your best interests throughout the entire contract process.
Whether you want to form a new business entity, create a business succession plan, or need a contract drafted/reviewed, our experienced attorneys will sit down with you to assess your situation and develop a comprehensive strategy. Both new business ventures and existing business operations can benefit greatly from sound legal advice. Starting a business involves considering what type of business entity to organize. Each possible choice has potentially far-reaching consequences including tax implications, liability, and governance issues. Your choice of a business entity, as well as how the organizing documents are drafted, can significantly affect your profitability and exposure to liability.
What Legal Advocates, PLLC Can Do For You!
Legal Advocates, PLLC prepares and executes ironclad, legally defensible business contracts for our clients. We can also assist in filing the necessary and required documentation with the applicable governing bodies. Among the types of documents that we customarily prepare are:
Applications to the Department of State
Business Formation Agreements
Shareholder Agreements
Corporate Resolutions
Purchasing Agreements
Distribution Agreements
Exclusivity Agreements
Franchise Agreements
Leasing Agreements
Employment Contracts
Sales Contracts
Non-disclosure agreements
Real Estate Documents
Arbitration Agreements
Non-compete Covenants
Letters of Intent
Legal Advocates, PLLC can also review your existing contractual agreements and, if necessary, modify, redraft, or have an addendum executed and incorporated therein. If you have a proposed contractual agreement already drafted, we can review it before you commit to signing it.
The contractual agreements that you enter into are as an important an aspect as any other part of your business or dealings. Without a properly drafted agreement, you could be vulnerable and open yourself up to liability, unrecoverable damages, and litigation.
Contract Drafting
The attorneys at Legal Advocates, PLLC have a vast amount and experience with drafting and reviewing a wide range of legal contractual agreements. Even if you are planning on entering into a contractual agreement with people you trust; friends, family, business acquaintances, etc., it is essential that all the i’s are dotted and the t’s are crossed. Many contractual disputes which arise after execution are often those that are unforeseen and uncontemplated by the parties. With any contractual agreement in order for all parties’ interests to be adequately protected, it is imperative that ALL essential terms are in writing. A properly drafted contractual agreement can help avoid liability and costly litigation in the event any of the terms of the agreement are someday challenged or disputed. It is also important that you have an attorney review any agreement that you are considering entering into so that you fully understand the terms and potential exposure.
There are a number of different agreements that a person may need to be drafted or reviewed. At Legal Advocates, PLLC, we can draft or review any type of contractual agreement. Doing so will give you the peace of mind and confidence to move forward knowing precisely where you stand from a legal context.
Contract Law in Florida
In Florida, in order for a contractual agreement to be binding and have legal effect, there must exist:
- An offer and an acceptance;
- Consideration – Both parties must receive something of value from the agreement;
- The understanding of both parties is that this is a legally binding agreement;
- All parties must have the legal capacity to enter into the contractual agreement.
Contracts can be either verbal or written; however, some verbal contractual agreements are unenforceable in Florida. Further, in situations where a verbal agreement may be enforceable, it is challenging to enforce that agreement; unless all parties stipulate as to what was said and/or agreed upon. That is why it is essential to put all agreements in writing so that the actual wording in the document accurately reflects the intentions of the parties. If at a later date, one of the parties disputes part or all of the contractual agreement, an arbitrator or judge will generally defer to the literal wording in the document.
What Legal Advocates, PLLC can do for you!
Legal Advocates, PLLC strives to prepare ironclad, legally indefensible contracts for our clients. Among the types of documents that we customarily prepare are:
- Purchasing Agreements
- Distribution Agreements
- Exclusivity Agreements
- Franchise Agreements
- Leasing Agreements
- Employment Contracts
- Sales Contracts
- Non-disclosure agreements
- Real Estate Documents
- Arbitration Agreements
- Non-compete Covenants
- Letters of Intent
Legal Advocates, PLLC can also review your existing contractual agreements and, if necessary, modify, redraft, or have an addendum executed and incorporated therein. If you have a proposed contractual agreement already drafted, we can review it before you commit to signing it.
The contractual agreements that you enter into are as important an aspect as any other part of your business or dealings. Without a properly drafted agreement, you could be vulnerable and open yourself up to liability, unrecoverable damages, and litigation.
Quiet Title Actions
Legal Advocates, PLLC represents property owners that are seeking to quiet title after purchasing a property from a tax deed sale. For tax deed purchasers, a quiet title action is the quickest way to obtain marketable, insurable title in order for you to sell the property or obtain title insurance for yourself. When you purchase a tax deed, the title is not immediately insurable and is not marketable. A quiet title action cuts off any redemption periods and removes potential claims of lien. Once we complete the quiet title action and the 30-day appeal period expires, you can sell your property and offer a marketable, insurable title to a prospective purchaser.
Falling Behind On Credit Card Debt
When you fall behind on your credit card debts, the Attorneys at Legal Advocates are there to act in your best interest. We strive to alleviate the stress and burden of battling the credit card companies and/or their collection companies.
For a reasonable fee, the Attorneys at Legal Advocates can attempt to negotiate a settlement and/or payment plan for your credit card debts.
You have options and it is essential that you have highly qualified legal representatives that possess the knowledge, skill, and experience.
You may be inundated with repeated calls or letters from collection companies. With our assistance, we can get that to stop. The Attorneys at Legal Advocates have experience with a proven track record in handling various types of collection matters.
An Ejectment action is controlled by Chapter 66 of the Florida Statutes. Due to its complexity of this type of cause of action, an Ejectment action does not have the benefit of a summary procedure. A summary procedure essentially expedites the case for a quick resolution. An Ejectment suit is likely to become litigated and therefore take time to complete. The party seeing ejectment must “deraign” (prove) that they have valid title to the subject premises in the complaint. The difference between an unlawful detainer and an ejectment is that in an ejectment action, the party being ejected is claiming some right, interest, or title to the property. An ejectment action must be filed in circuit court as opposed to an unlawful detainer which is filed in county court.
Furthermore, ejectment actions often involve circumstances where there is some underlying dispute related to the occupants’ position; that they have some sort of entitlement to possession of the premises. For example, ejectment may be appropriate where a new homeowner purchases a property at a foreclosure sale, and the occupants of the property are the previous owners. An ejectment would likely be permissible in this situation where a person, for one reason or another, claims a legal right to possession of the premises; however, that possession does not come from a landlord-tenant relationship.
An unlawful detainer action is controlled by Chapter 82 of the Florida Statutes. An unlawful detainer action can provide the benefit of a summary procedure. A summary procedure sets the case on an expedited track typically resulting in a quick resolution. This means that the Defendant has to respond to the complaint within 5 days (rather than the typical 20 days in other kinds of actions). If the Defendant fails to respond, the Plaintiff will be entitled to a default judgment and a Writ of Possession so that the Sheriff can remove the occupant. A positive with the unlawful detainer action is that there are no requirements to send a 3-day or 7-day notice like with an eviction.
An unlawful detainer is appropriate against individual(s) that have no formal obligation to pay utilities or rent and are not an owner to the property. These individual(s) may include a former boyfriend/girlfriend, child, family members, or friends that may have been allowed to stay at the property for a certain period of time, and have now refused to leave after the agreed upon time. An unlawful detainer does not apply to individuals that have a contractual agreement to rent a room(s). Once a judgment has been signed by the judge, a writ of possession will be issued to the Sheriff to remove the individual(s) from the property.
Unlawful detainers are filed in County Court. The timeframe for a resolution of an unlawful detainer action can vary from case to case. However, the typical timeframe is around 3-5 weeks, similar to an eviction action. The length of time of the case, of course, depends on whether or not Defendant asserts defenses.
Transient Occupant
Recently, the Florida legislature has adopted a new law as a legal basis to remove a “transient occupant” from residential property. A “transient occupant” is defined as an occupation of a residential property for a brief length of time, not pursuant to a lease. Effective July 1, 2015, the Florida legislature adopted Florida Statute §82.045. This statute is inapplicable to a landlord-tenant relationship.
The statute sets forth a remedy to any person entitled to possession of a residential dwelling unit. Thus, this is applicable to owners as well as lessees. The purported party entitled to possession may provide a sworn affidavit to a law enforcement office, requesting the removal of a transient occupant. After the transient occupant has been asked to leave and refusing to do so, they are unlawfully detaining the property.
The affidavit must establish the following factors to prove the occupant is transient:
No ownership, financial, or leasehold interest in the subject premises.
No utility bills in the transients’ name.
No government ID with the subject property address.
No mail with the subject property address.
Pays nothing, or little, in exchange for occupancy.
Does not have their own room.
Has minimal personal possessions at the subject premises.
Has a residence elsewhere.
Upon receipt of a sworn affidavit, any law enforcement officer may act accordingly and request that a transient occupant leave the premises. A person refusing to leave the property upon demand of a law enforcement officer is deemed to have committed a misdemeanor trespass pursuant to Florida Statute §810.08. There is no defense to a trespass charge that the person is not a transient occupant. An occupant who is improperly removed has no recourse against the law enforcement officer or agency, unless they can show bad faith. However, they may have a cause of action for damages against the person who signed the affidavit.
Further, the statute also states that if the person in possession files an unlawful detainer action in court, and the court determines that the person is a tenant, the case shall not be dismissed, but may be amended to proceed as an eviction action pursuant to Florida Statute, Chapter 83.
Personal Injury
When you get hurt, the Attorneys at Legal Advocates are there to act in your best interest. We strive to alleviate the stress and burden of battling the insurance companies, while you focus on recovering and getting better.
In personal injury cases, we do not charge you any fee unless we get you compensation i.e. we get paid only if you get paid.
If you have suffered serious injury or have been disabled and it was not your fault, but rather the fault of someone else’s carelessness, negligence, or wrongful conduct; you have the right to seek compensation from the at-fault parties. These cases can be quite complex and it is essential that you have highly qualified legal representation from the get-go. The Attorneys at Legal Advocates possess the knowledge, skill, and experience to represent clients in all sorts of accidents:
- Slip and falls
- Automobile and trucking accidents
- Plane, train, boating, golf cart accidents
- Pedestrian and bicycle accidents
- Defective products
- Premises liability
- Medical malpractice
You may be contacted by representatives from the at-fault parties’ insurance companies or your own insurance company. Other than reporting your claim to your insurance company, you should refrain from giving them a statement about the accident. Before doing so, it is important that you first consult with an Attorney, because you may accidentally give them a basis to deny your claim.
Injuries or disabilities sustained from serious accidents require the commitment and dedication of an experienced Attorney in order for you to recover. The Attorneys at Legal Advocates have experience with a proven track record in handling various types of accident cases.
Our experienced Attorneys will work with your physicians and other medical professionals to review and assess all the short and long-term medical aspects of your case. The Attorneys at Legal Advocates possess a detailed understanding of Florida insurance and liability laws, allowing us to locate and determine which parties have caused you harm and which parties you can collect from to compensate you for your injuries.
The real property that you own is susceptible to a wide array of damages due to weather and other factors. Amongst stress and anxiety, property damage could likely cause significant financial burdens and hardship. Your preexisting insurance is there to protect you in times of need. When damage occurs to your home or real property, you have the expectation that your insurance
company will step in, make you whole, and reimburse you for the damages sustained. Unfortunately, this is not always the case.
Property insurance policies are purchased to prevent losses related to hazardous weather and other casualty events. However, insurance companies often deny claims in an effort to payout the least amount possible on your property damage claim.
Legal Advocates have experienced property damage attorneys who can help you pursue claims against your insurer and seek the maximum value for your losses. We will work to hold the insurance company accountable by upholding their obligations under the policy that you have contracted and are paying for.
We can help you submit a claim to your property damage insurance company; and if they provide a denial, we can assist you to pursue rights under the policy in an effort to obtain a fair settlement.
Contact Legal Advocates today for a consultation.
If you need assistance with the purchase or sale of real estate, we can handle your Real Estate Closing. Whether it is serving as the buyer’s/seller’s Counsel or the closing agent, our experienced real estate closing attorneys assist buyers, sellers, lenders, and brokers complete both residential and commercial real estate transactions.
In conjunction with our affiliated title company, Advocates Title & Escrow, PLLC, www.advocatestitle.com, our firm specializes in all aspects of residential and commercial real estate, including development, transactions, and litigation.
We serve as in-house Counsel for small businesses as well as a mid-sized Accounting/CPA and Business Consulting firm, handling a variety of corporate legal needs from litigation to contract drafting and transactional matters.
Contact us today if your business is in need of general and in-house Counsel.
