Orlando Eviction Attorney
Orlando eviction attorney Gideon Alper helps residential and commercial landlords evict problem tenants due to non-payment of rent. We strive to be the best eviction lawyers in Orlando for your needs.
We only represent landlords, not tenants, and we work with properties throughout the greater Orlando area, including Orange, Seminole, and Osceola counties.
We offer flat fees for Orlando eviction services so that landlords know in advance how much legal representation will cost them.
Use the contact page or call (407) 444-0404 for help with evicting someone from your property. We will talk with you for free over to phone to determine your needs.
Orlando Eviction Process
The Orlando eviction process is governed by Florida landlord tenant statute Chapter 83. The eviction process for non-payment of rent has several steps:
- A 3 Day Notice to tenant.
- Filing the Complaint.
- Serving the Summons and Complaint.
- Tenant has 5 business days to answer to the complaint.
- If the tenant does not answer, move for default judgment.
- Obtain Final judgment.
- Obtain Writ of Possession and deliver to Sheriff’s Office for execution.
For more detailed information on each step, see our page on the Orlando eviction process. For help, we charge a flat fee for all Orlando evictions for non-payment of rent.
What documents do you need?
You’ll generally to give your Orlando eviction attorney the following documents to start an eviction in the Orlando area.
- Copy of the lease
- Copy of 3-day notice (if you have not done this, we can help)
- Copy of any letters or notices you have sent to the tenant
- Copy of any business records documenting the tenant’s non-payment of rent.
An uncontested eviction case in Orlando generally takes about -5 weeks. If the case is contested, it can take longer, but contested cases are rare. As part of the Orlando eviction process, we can include a claim for damages, such as past rent. That being said, if the tenant doesn’t have enough money to pay you rent, then he probably doesn’t have money to collect either. It’s something you’ll want to consider with your attorney before seeking. You can read more about Orlando evictions on this website. You can find some basic information the Orlando county websites discussing eviction. Here is information about Orange County, and here is some information from Seminole County.
What if the tenant doesn’t pay rent?
If the person you are trying to evict doesn’t pay rent, they are not a tenant, but a guest in your home or a squatter. If this is the case, the process to remove them from the property is called an unlawful detainer, not an eviction. The process is similar, but operates under a different section of the law.
Do you have to go through the eviction process?
Yes, Florida law requires property owners to go through a Court process to remove anyone from the property that lives there. You cannot remove them on your own even if you have a document (such as a lease) that says you can.
What can the tenant do to stop the eviction?
Florida law places tough barriers on tenants who want to contest an eviction for non-payment of rent. Generally, a tenant must deposit the rent that is owed to the Court or else they cannot contest the eviction. This barrier to contesting an eviction is one of the most anti-tenant laws in the Country and makes Florida a very landlord-friendly state.
Can you get the money back from the tenants that they owe?
It is often difficult to collect unpaid rent from a tenant when evicting for non-payment of rent. As a general matter, if a tenant does not have enough money to pay you rent, they probably don’t have any money to easily collect. In addition, Florida law provides strong protections against collection of wages from a head-of-household. Therefore, it is usually not worth it unless you know there is money to collect.
What happens if you have an expired lease?
A tenant that pays rent under an expired lease is deemed to have a month-to-month tenancy. With this type of tenancy, you are allowed to evict the tenant after providing the proper notice that ends the month-to-month tenancy. For this type of eviction, a Court order awarding you possession is still required: you cannot simply lock out the tenant even though you do not have a lease.
What’s the difference between an ejectment and an eviction?
Both an ejectment and an eviction are tools to remove someone from property. An eviction is the process where a landlord removes a tenant. An ejectment, however, is a dispute about who owns the property, not necessarily who should have possession of the property. Ejectments are more costly and take longer–most of the time, a landlord