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With offices in Florida and Massachusetts, our attorneys serve clients in the following localities: Florida, including Fort Lauderdale, Tamarac, Weston, Plantation, Miramar, Margate, Coral Springs, Parkland, Broward County, Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Palm Beach County, Avenutra, Miami, Miami-Dade County, Coral Gables, Massachusetts, Boston, Cambridge, Newton, Wellesley, Brookline, Waltham, South Boston, and Lexington.

Proudly serving clients in Florida and Massachusetts for over a decade

Call Us Today Toll Free: (877) 570-4878 or (954) 336-9152

Always a free consultation

FLORIDA AND MASSACHUSETTS LANDLORD-TENANT LAWYERS - FREQUENTLY ASKED QUESTIONS

 

Q: I have a tenant who has not paid their rent.  How does the eviction process begin?


A: If you have a tenant who has not paid their rent, then the first step is to serve the non-paying tenant with a notice to pay or vacate the property. Typically, this is the first step in the eviction process for non-payment of rent is to serve the tenant with a notice to pay or vacate. Most often, this is a three (3) day notice, however, this period of time can be longer depending on the terms of the lease, whether the rent is required to be delivered, or can vary depending on your jurisdiction.  However, if you improperly prepare or improperly serve your notice to the tenant, then a Court might dismiss your eviction case, in which case you would having to re-file the case at additional cost and you may be even required to pay the Tenant's attorney's fees. In many jurisdictions, such as Florida, the three (3) day notice can only include the actual amount of rent owed and cannot include any late fees, interest, or any other fees or charges which are not defined as additional rent in your lease. If you choose to prepare your own three (3) day notice, we will review it for you at no additional charge, or you can have the Law Offices of Ira Evan Weintraub, P.A. prepare your notice at no additional charge by opening an eviction file with us.


​Q: How long does an eviction typically take until the tenant is removed?


A: Usually, the process takes approximately four (4) to six (6) weeks, although this period of time can be shorter or longer depending on the individual circumstances of your case. After your notice is served and the notice period has expired in which the tenant is allowed to pay or vacate the property, the eviction complaint needs to be filed with the Court. After filing the eviction lawsuit, the summons and complaint for tenant eviction will be served on the tenant by a process server. After service has been effectuated on the tenant, the tenant has a certain amount of days (depending on your jurisdiction), not including weekends or legal holidays to answer the complaint and post money in the Court Registry. If the tenant fails to answer the complaint and post money in the Court Registry, the Court will issue a default judgment against them. Upon issuance of the Judgment, a Writ of Possession is issued to the Sheriff to instruct the Sheriff to remove the tenant from the property. If the Tenant fails to vacate voluntarily, the Sheriff will remove the Tenant from the property.


Q: Can I sue my tenant for rent?


A: Yes. Although it is often difficult to collect judgments against a non-paying tenants, our attorneys can add a count for unpaid rent to your eviction complaint. If the tenant does not dispute the amount of rent due, the Court can also issue the landlord a judgment for the amount of rent demanded in the complaint.


Q: I need to evict someone from my property right away. How quickly can this process be started?


A: The Law Offices of Ira Evan Weintraub, P.A. can begin processing your eviction case as soon as we have received a valid notice to pay or vacate and a copy of the lease (if there is one), an itemization of the amount of rent due, and payment in full for our fees and costs. 


Q: I moved out of the property but the landlord has not returned my security deposit.  Can my landlord just keep my security deposit?


A: Depending on your jurisdiction, if a tenant moved out of the property at the expiration of the lease term, the landlord must give written notice to the tenant within a certain amount of days if it is going to impose a claim on your security deposit.  If the landlord fails to do so, the landlord cannot keep one penny.  The Law Offices of Ira Evan Weintraub, P.A. is currently accepting cases from tenants who did not receive their security deposit back from the landlord within the statutory prescribed time of the day the Tenant vacating the property. In many instances, we are able to accept these cases without an up-front fee. Contact us today for a free case evaluation.

 

Contact a Florida and Massachusetts Landlord-Tenant Attorney Today for a free Consultation

With time and money at risk, if you are residential or commercial property landlord or tenant, contact the Law Offices of Ira Evan Weintraub toll free at (877) 570-4878 or (954) 336-9152 for a free consultation.  Whether you need a South Florida or Boston landlord-tenant attorney, or a landlord-tenant lawyer in Miami or Worchester to help with your residential or commercial property, or a landlord-tenant attorney in West Palm Beach or Massachusetts, we can help.  With offices in Florida and Massachusetts, our attorneys represent residential and commercial property landlord and tenants throughout Florida, including Avenutra, Miami, Miami-Dade County, Fort Lauderdale, Tamarac, Margate, Coral Springs, Parkland, Broward County, Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, Palm Beach County, to Massachusetts, including Boston, Cambridge, Newton, Wellesley, Brookline, Waltham, South Boston, and Lexington, and across the nation. We are committed to providing you with individualized, strategic and results-oriented representation.