We are accepting landlord-tenant real estate cases that are known as unlawful detainer Orlando. Being evicted from your home is a terrible feeling. Even worse, it could leave an evicted tenant with a substantial judgment against them, which might cause them significant financial hardship. Evictions remain on the evicted tenant’s record. This could result in the evicted tenant encountering trouble renting a new place. While many of you are familiar with eviction cases, you may not know about unlawful detainers. Jacobs Law Firm, unlawful detainer attorney Orlando, can help you remove unwanted occupants from your home or apartment. Call 407-335-8113 today! An unlawful detainer is not an eviction. It is a real estate lawsuit. [/vc_column_text][/vc_column_inner]

Clermont Florida Eviction Lawyer

A diligent landlord or homeowner inviting guests to stay in their home generally perform a reasonable search (a background check is common under these circumstances). A background search may reveal whether your new guest has been evicted or unlawfully detained. In the eyes of a cautious landlord, there may be a perceived risk of default, or the likelihood of legal action against you for breaching a lease contract/agreement. Jonathan Jacobs is an Orlando eviction lawyer, Clermont Florida eviction lawyer and Orlando unlawful detainer attorney. To learn more about the Florida Landlord Tenant Act, continue reading below. For information on what it means to file a civil lawsuit, click here1 for more information. Empower yourself before choosing to file a lawsuit or defend against a claim brought against you.

Florida Landlord Tenant Act

Orlando Unlawful Detainer Attorney

Florida Statutes Chapter 83 is known as the “Florida Landlord Tenant Act” and Chapter 82 is about unlawful detainer lawsuits. The Florida Landlord Tenant act governs above the lease, and it spells out the tenant’s rights and responsibilities under Florida law. Many of the subsections of the Statutes are open to interpretation. This is because each eviction situation is different.

The residence is different (condo, town home, trailer, mobile home, villa, coach home, apartment home) in each case. The litigants are often different in each case. The amount of money involved in past due rent, or repairs that need to be made changes on a case-by-case basis.

Orlando Unlawful Detainer Attorney

Florida, plaintiffs may bring a cause of action known as an unlawful detainer. An unlawful detainer action is a unique and fact-intensive inquiry. The court seeks to determine whether a lease agreement actually or constructively exists between the plaintiff and the defendant. If no such agreement exists, and the defendant cannot prove she is a part-owner of the home, the plaintiff may be able to convince the court to allow the sheriff to remove the defendant from the premises. An unlawful detainer removal goes on the defendant’s record and is often looked at by landlords as a form of eviction. A stigma attaches to those tenants that have been evicted. Contact the Jacobs Law Firm, Orlando unlawful detainer attorney today.

Compounding matters, tenants that have been the victims of mold or waste in their apartment can be evicted if they fail to pay rent and provide proper notice to the landlord about the necessity or making repairs to render the premises habitable. Providing notice is crucial to the process. With unlawful detainer, notice to vacate is not required. Plaintiffs may be entitled to summary procedure. Tenants should do some research because complying with the court’s rules is essential to achieving a reasonable outcome.

There are some case law exceptions to the general rule that “proper notice” must be given, such as when the landlord has been negligent and thereby caused the tenant harm. Nevertheless, a tenant should exercise due diligence and not unilaterally terminate a lease agreement

Read more about unlawful detainer actions in Florida. Technically speaking, an unlawful detainer action or an action for eviction may be considered a small claims matter or a county civil issue. When you are a landlord or lessor of an apartment and need help legally removing an unwanted guest, call Jacobs Law Firm and find out how we can help you. 407-335-8113.