Mold and the Landlord/Tenant Relationship in Florida

Florida Mold? If you live in Florida, Mold occurs quite frequently due to the humidity and high rain percentage. Florida Statute 83.56 states that a Tenant must give the Landlord written notice of issues in the unit causing the unit to be uninhabitable. Mold is a serious issue and can affect the health and well-being of those living in the unit. As soon as the Landlord is on notice of the Mold issue, the Landlord has 7 days to fix the issue or begin steps to correct the Mold. The Landlord can hire a Mold remediation company to identify the issue and provide the best court of action to attack the Mold.

Under Florida Statute 83.56, as long as the Landlord is taking steps to correct the Mold issue, the Tenant cannot breach the rental agreement. The Tenant can, however, request that the rent be reduced by an amount in proportion to the loss of rental value.

Mold must be taken seriously and notice is key. Have an issue with Mold in your Florida rental property?  Call the Law Office of Ryan S. Shipp, PLLC @ (561) 699-0399 to discuss your remedies today.  We represent both Landlords and Tenants.

For more information on mold, please see below link to the Florida Department of Health

http://www.floridahealth.gov/Environmental-Health/mold/index.html

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

What is a Judgment of Eviction in Florida?

A Judgment of Eviction is when a Judge awards the Landlord possession of the property and directs the Clerk of Court to issue a Writ of Possession thereby having a Sheriff deliver possession of the property to the Landlord. There are numerous reasons that a Judge will enter a Judgment of Eviction, but a Judgment is most often entered when the Tenant fails to pay rent, the Tenant fails to Answer the Eviction Complaint, and the Tenant is defaulted in the Eviction action.  A Judgment of Eviction is also commonly entered when the Tenant fails to place money into the Court’s Registry, as required by a Court order. Once a Judgment of Eviction is entered, the Eviction process will continue and the Writ of Possession will be issued which will allow the Landlord to gain access to the property shortly thereafter.

From the Tenants perspective, a Judgment of Eviction can negatively impact your credit report and can affect a former Tenant from obtaining credit lines in the future. Further, a low credit score can affect a Tenant from entering into a new rental agreement if the Landlord runs a credit check or does a background search.

Have an Eviction problem?  The Law Office of Ryan S. Shipp, PLLC is here to help.  We represent both Landlord and Tenants.  Stop by our Lantana, Florida location or give us a call @ (561) 699-0399.  We’re here to help!

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

How long does an Eviction take in Florida?

How long does the Eviction Process take in Florida?  We wish we had a magical answer.

It is impossible to state an exact time frame from start to finish for an eviction action.  There are many variables that come into play that can change the time frame in an instant.  Once an action for tenant eviction commences (possession only), the tenant has 5-days to respond to the eviction complaint or they will be defaulted and a Judgment will be entered in favor of the landlord for possession.  However, if the tenant files an answer, this will push the time frame back a bit as the eviction will be considered contested.  If the eviction involves a count for non-payment of rent, the tenant will be required to deposit money into the Court’s Registry or the tenant can file a Motion to Determine the Amount to Be Placed in Court’s Registry.

Thereafter, a Judge may make a determination of the amount of money to be placed in the court’s registry or a hearing may be set in front of the Judge to determine the amount of money to be placed in the court’s registry.  A mediation may also be scheduled to resolve all matters.  If matters are unresolved, a final hearing will be set.

Once a judgment is entered for landlord possession, a Writ of Possession will be issued and that can take anywhere from 48-hours or more as the sheriff will post a 24-hours notice on the real property indicating that the tenant has 24-hours to vacate the premises.  Some other factors that may delay the process are suspensions in a Judge’s calendar and/or the clerk and sheriff being backed-up.

All in all, the eviction process can run smoothly and swiftly (as little as 25-30 days) or can take some time if the tenant contests the eviction proceedings.

Are you a landlord looking to evict?  Are you a tenant being evicted? Do you need a qualified and experienced eviction lawyer?  The Law Office of Ryan S. Shipp, PLLC represents both landlords and tenants and we are here to help.  Call us today at (561) 699-0399.  We are located in Lantana, Florida.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

Jurisdiction for Landlord-Tenant Actions in Florida

Boynton Beach Landlord Tenant Attorneys

Where to File? If you have a Tenant in Florida that needs to be evicted and you have already delivered proper notice, you need to know the proper court that will hear the proceeding.

Pursuant to Florida Statute 34.011, the County Court has jurisdiction, along with the Circuit Court, to consider Landlord and tenant causes involving claims in amounts which are within the court’s jurisdictional limits.   County Courts hear matters in controversy that are less that $15,000 and Circuit Courts hear matters in controversy that are more than $15,000.

However, the County Court has exclusive jurisdiction to hear matters relating to the right of possession of real property.  Generally speaking, this means that all Landlord-Tenant actions for Count I (Possession of Real Property) will be filed in the local County Court.

Have a Landlord/Tenant dispute? The professionals at the Law Office of Ryan S. Shipp, PLLC is here to assist.  We are located at 814 W. Lantana Rd. Suite 1, Lantana, Florida 33462 and are available for walk-in’s to discuss your matter or we can be reached at (561) 699-0399.  Call us today!

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

Florida Writ of Possession

Eviction Notice? Writ of Possession?  24-hours? Florida Statute 83.62 states that in an action for possession, after the entry of judgment in favor of the Landlord, the clerk shall issue a Writ of Possession, or a writ to the sheriff of the specific Florida county describing the property and and directing the sheriff to place the Landlord in possession of the property after 24 hours notice conspicuously posted on the property.  A Writ of Possession cannot be issued without the Judge entering a Judgment in favor of the Landlord for possession.

After the 24-hour period, the sheriff will contact the Landlord or the Landlord’s attorney and schedule a time to meet at the property to ensure that the Tenant has vacated and to remove all of the Tenant’s personal property, if not already done so.

Has a Writ of Possession been posted on your home or business?  You may still have rights, but you need to act immediately.  Call the Law Office of Ryan S. Shipp, PLLC at (561) 699-0399 to discuss your options or stop by our Lantana, Florida office location.  We represent both Landlords and Tenants in Palm Beach County, Broward County, and Miami-Dade County.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

Return of My Florida Security Deposit & Time Frame

Florida Statute 83.49 describes in detail the procedures when a security deposit is given to a Landlord in Florida for performance of a lease agreement.  In Florida, the Landlord must (1) hold the total amount of the security deposit in a separate non-interest (or interest) bearing account in a Florida bank for the benefit of the Tenant(s) but the Landlord may not comingle any funds; or (2) post a surety bond.  Further, the Landlord, in the written lease agreement or within 30 days of receiving the security deposit, given written notice to the Tenant which includes disclosure of the security deposit.

At the termination of the lease agreement, if the Landlord does not intend to impose a claim on the security deposit, the Landlord has 15 days to return the security deposit or 30 days to give the Tenant(s) written notice by certified mail of his or her intention to impose a claim on the deposit and the reason for imposing the claim.  If the Landlord fails to give written notice within 30 days, the Landlord forfeits their right to impose a claim.

If you’re dealing with a security deposit issue with your landlord, the Law Office of Ryan S. Shipp, PLLC is here to help.  Call us today at (561) 699-0399 for a free consultation or visit our Lantana, Florida office location.

Have you been served with Foreclosure papers? Call us today @ (561) 699-0399 for a free 20-minute consultation.
The Law Office of Ryan S. Shipp, PLLC is proud to announce the expansion of our office and new street signage in an effort to better serve our clients.
Need to Evict a Tenant? Checkout our Landlord Eviction Fee Schedule http://shipplawoffice.com/blog/?p=504
Is your Tenant not paying rent? #shipplaw is your one stop shop for all of your Landlord needs. (561) 699-0399. shipplawoffice.com
#Shipplaw handles Florida landlord-tenant disputes, unlawful detainers, ejectments, replevins, collections matters, foreclosure defense, & contractual disputes

 
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