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We review your eviction request and supporting documents. Upon approval, we prepare and electronically file the eviction and summons in the appropriate courthouse. If there is anything missing or that needs explanation, we will contact you to request any missing documents or to seek clarification.
Once we have the complaint completed we will file it within the correct county and arrange for service of process. In most cases, eviction complaints are filed under section 51.011 of the Florida Statutes, which mandates a “Summary Procedure” for eviction cases (Meaning the cases go faster than a regular civil complaint).
Once the Clerk of the Court assigns a case number we will post it to your account. We will also put in filing dates to your portal account that go with the case.
If a landlord seeks only possession of the property (and is not also suing for back rent), the tenants (defendants) are required to file an answer to the complaint, along with any defenses and, if applicable, a counterclaim within five days (not counting Saturdays, Sundays, or holidays).
If the tenant fails to respond timely we request a default, default judgment and writ of possession.
If a tenant responds to the complaint, we assess the validity of their answer and move to strike deficient defenses. We also manage motions to determine rent, ensuring compliance with Florida law. According to Florida law, a tenant must file a motion to determine rent and provide documentation supporting the allegation that the rent alleged in the complaint is “in error.” The tenat is also required to immediately pay into the registry the amount of rent that is undisputed. If the motion is legally insufficient we move to have it stricken and an immediate judgement of possession. If the Judge doesn’t grant this immediately then the court will hold a hearing, review the supporting documentation, and decide rent is owed into the registry.
If the case proceeds to a hearing or a trial, we will notify you, and one of your property representative of the landlord will need to attend with our attorneys and bring the necessary business records showing the nonpayment (a ledger). Typically we receive judgment at the hearings, however if not the Court will set a trial date.
After a judgment is granted, you can request a writ of possession through the portal. Our Firm and our platform partners will handle the processing of the writ of possession and coordinate with the sheriff for execution.
You will be able to access your case status to see what is going on with your case at any time.
Costs vary by location, property type, subsidies, and reason for eviction, but our team is happy to go over this with you during a new client consultation. We review this information with our clients after onboarding is complete as part of new client orientation. In addition to the technology used by the Firm and the years of experience of our staff, one of the other ways we keep our fees low is to ask that any client engaging the Firm bring us all of their residential eviction cases rather than filing some on their own, some through our firm, and some through other law firms. This also helps your team standardize your procedures and make the process very efficient.
The bulk of the legal services provided by the Firm focuses on providing residential eviction services to professionally-managed properties in Florida.
Once legal services for a client have been initialized or reached a billing milestone (e.g., after filing an eviction complaint or upon conclusion of a case stage), our system will automatically generate an invoice. The invoice includes:
The proper notice of eviction is served to tenant.
The Tenant is given a Notice Period to either cure the issue, or communicate their intent.
If Tenant fails to respond within the time allotted, or the response given is not satisfactory, the Landlord may file a complaint with the County Court.
The County Clerk issues a Summons which is then served on the Tenant.
Depending on the type of complaint, Tenant has a specific timeframe to respond.
If Tenant does respond, depending on the complaint, separate legal procedures must be taken by both the Tenant and the Landlord to complete the litigation.
If the Tenant does not respond, landlord files a Motion for Clerk’s Default and files a motion for Final Hearing with the Judge.
The Judge may issue a Final Judgment in Chambers or require a hearing.
Once a Final Judgment is received, the County Clerk issues a Writ of Possession to the Sheriff.
Sheriff posts a Notice of Removal on the Tenant’s door, which affords the Tenant 24 hours to vacate and remove personal property.
We handle individual to bulk evictions for clients, and recognize that each client and case is different. Lippman Law has the experience to handle your eviction needs in Florida.
To schedule a free 30-min. phone consultation, call (407) 648-4213 or book an appointment online now.
Disclaimer: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. You should consult an attorney for individual advice regarding your own situation.