Orlando Eviction Lawyer | Clermont Florida Eviction Lawyer
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.
This is because a diligent landlord that performs a reasonable search (a background check is common under these circumstances) may find out you have been thrown out by eviction. This could cause you, the evicted tenant, to be considered/classified as an “undesirable” tenant. 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 here for more information. Empower yourself before choosing to file a lawsuit or defend against a claim brought against you.
Florida Landlord Tenant Act
Florida Statutes Chapter 83 is known as the “Florida Landlord Tenant Act.” 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. 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. Often times, Marchman Act cases are connected with both eviction and unlawful detainer actions.