• Helpful Information for Florida Landlords

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      Check a box to the right to File a New Case. Complete the Eviction Questionnaire to submit your request to us

     

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  • Why Do I have to Sign an Affidavit of Non-Military Service?

     

  • An Affidavit of Military Service is required in every case where the tenant has not filed an answer with the clerk of court. the purpose is to protect men and women serving in the US Military from having a court enter a judgment against them without first receiving notice of the lawsuit and a chance to defend the case.
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    • My Tenant is Not Paying Rent or Not Paying Rent Ontime  
    • When can I use a 3 Day Notice to Pay or Vacate?

      If a tenant does not pay rent when due according to the rental agreement, then the landlord can serve on the property a 3 Day Notice to Pay or Vacate. More Information

       see Florida Eviction Law: 83.20 and 83.56

      Have a Question or Need Assistance? Call (888) 384-2872

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    • My Tenant is in Non-Compliance of the lease or law (other than rent)  
    • When can I use this notice?

      7 Day Notice is served on a tenant following a violation of lease or law other than non-payment of rent. After serving a 7 Day Notice, the tenant has 7 days to cure the violation.  If the same non-compliance is repeated within 12 months, the landlord may terminate the tenancy without giving teh tenant an opportunity to cure the non-compliance.

      7 Day Notice to Cure More Information

      7 Day Notice Without Cure More Information

       see Florida Eviction Law: 83.56(2)(b) and 83.56(2)(a)

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    • Terminating Month-to-Month Tenancy  
    • When can I use this notice?

      If you are the landlord, you may terminate a month-to-month tenancy by posting a 15 Day Notice of Termination of Month-to-Month Tenancy at the property. More Information

       see Florida Eviction Law: 83.57.

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    • Tenant Not Paying Rent (Mobile Home Park)  
    • When can I use this notice?

      If you are the landlord of a mobile home park, and the tenant is renting the lot but owns the mobile home.

       see Florida Eviction Law: 83.57.

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    • Security Deposit  
    • When can I use this notice?

      If the landlord intends to make a claim against the tenant's deposit, then the landlord has 30 days, from the date the tenant vacated the property, to give the tenant written notice by certified mail of the intent to impose a claim and the reasons for imposing a claim. More Information

       see Florida Eviction Law: 83.49.

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    • Inspecting the Property - 24 Hour Notice of Intent to Enter  
    • When can I use this notice?

      The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. (Reasonable notice for the purpose of repairs is notice given at least 12 hours prior to entry, adn reasonable time for the purpose of repairs is between 7:30 a.m. and 8:00 p.m.

       see Florida Eviction Law: 83.53.

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    • Tenant Eviction Questionnaire  
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  • Phillip Scott Management & Investment LLC

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    PO Box 772, Indian Rocks Beach, FL 33785

    Default Contact

    Adam Fox, Property Manager

    (727) 466-4688 | adam@phillipscottmi.com

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  •  These Documents Require Your Attention

    The documents below require your attention.  Click on the link below to download the document. You can upload the signed document to us by selecting 'Upload Signed Document' in the green action box above.

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    • Add or Update Your Default Contact Information  
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    • Open Case Status 

       Clerk's Website: Hillsborough County | Hernando County | Pinellas County | Pasco County

      Viewing Instructions:  Sort this list by clicking on the 'white triangle' at the top of the column you wish to sort.

       

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    The Tenant Eviction Questionnaire for returning clients is shortened to avoid repeating questions you may have previously answered. If we have any questions we will contact you at the information you have provided to us.

  • You've chosen $175 Attorney Flat-Fee for Uncontested Residential Eviction for

    Non-payment of rent (Unsubsidized)

    view Court Costs, Sheriff Cost, and Attorney Fees

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  • The CDC Declaration is for tenants who are covered by the CDC's order temporarily halting residential evictions to prevent the further spread of COVID19.  Call for more information (813) 333-1660.

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  • Tenant Eviction Questionnaire

    Instructions

    Scroll Down to Start

    The Tenant Eviction Questionnaire will assist us with gathering the information necessary to prepare:

    • prepare your court filing for eviction, or
    • prepare a notice to tenant (if you have not already posted a notice to tenant)

    Please answer as many of the questions as possible to expedite your request. Questions with a red* must be answered before you can submit the form.

    By completing the questionnaire below, you will have an opportunity to:

    • upload a lease
    • upload notice ( find a free downloadable notice )
    • make a payment ( view eviction costs )

    Documents you will need to complete this online form:

    • written rental agreement (if applicable)
    • Notice to Tenant (signed by landlord or agent)
    • Signed Attorney Employment Agreement for Legal Services

    Need Help? Call or Text (888) 384-2872

    download and Print this Form

     

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  • 1. Your Contact Information and Preferences

    This contact information is for the person completing this form. This person may or may not be the landlord. In some cases the property manager or agent may complete this questionnaire. Let us know the best way to contact you.
    Your Contact Information
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  • landlord or owner of the property

    2. Landlord Information

    Landlord is the owner/plaintiff filing the action for eviction
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  • 3. Site (Property) Information

    Please give us information about the property from which you want to evict.

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  • 4. Tenant Information

    Tenant is any adult living at the premises. This includes persons not on the lease, or persons on the lease but who may have already vacated the property. All tenants should be listed on the Notice to Tenant
  • Who Should Be Listed On Eviction?

    All adult occupants should be listed on the notice to tenant, that means those who are on the current lease but may have moved out and those who are not on the lease but who have established a tenancy on the property. The correct spelling and full names of each tenant is very important.

     

  • Additional Fees. Attorney Flat Fee add $25.00 for each additional tenant after the first tenant. Some county clerks and some sheriff's office charge an additional fee for additional tenants. 

    see Eviction Flat Fee Schedule.

    Need Help?  Call or Text (888) 384-2872

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  • 5. Rental Agreement

    A rental agreement means any unexpired written agreement, including amendments or addenda, or oral agreement for a duration of less than 1 year, providing for use and occupancy of premises.
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    Eviction of guest, family member, significant other, or squatter

    UNLAWFUL DETAINER

     Unlawful Detainer is a case filed in court under Chapter 82 of the Florida Statutes.   Unlike a tenant eviction (filed under Chapter 83 Florida Statutes), with unlawful detainer cases there is no landlord and tenant relationship between the landlord and occupant.  In an unlawful detainer case, the person or persons asked to leave the property has or have no legal right to remain in the property (meaning no lease or title giving right to remain in the property).

    Removing Squatters

    Florida statutes define unlawful entry as entry into and possession of real property, even if the possession is temporary or for a portion of the real property, when such entry is not authorized by law or consented to by the landlord. see Florida Statute 82.01(5).

    Removing Guests, Friends, or Significant Others

    Florida statutes define an unlawful detainer as possession of real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of the landlord or after the landlord's consent is withdrawn. see Florida Statute 82.01(4)

     If you are the landlord, and invited a guest, friend, family member, significant other, or other person to reside in the property without agreement to pay rent, then it is necessary to file an unlawful detainer to remove these types of occupants if the occupant refuses to leave the property after being asked to leave by the landlord.

    NEED HELP?

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  •  Describe the oral rental agreement

     


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  • Eviction notice to tenant

    6. Notice to Tenant

    Before a Florida landlord can begin an eviction process in court, proper notice must be served on the tenant.
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    384-2872

    As a Florida landlord, before you can begin the eviction process in court, you must give the tenant proper notice.

    Find a Free Notice  |  View Notice Requirements  |  Preparing to Evict?

    Need help?  Call Toll Free (888) 384-2872


  • Preparing 3 Day Notice to Pay or Vacate

  • Preparing 7 Day Notice of Non-Compliance with Lease or Law

  • Preparing Notice of Non-Compliance.

    You must be very specific: For example: on Sunday, June 22, 2018 at 11:00 p.m., the tenant in apartment #201, had a loud music party. Music was blasting and people were out on the balcony and shouting at other tenants walking past the apartment.

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  • Some examples of non compliance with the written rental agreement include:

    • willful destruction damage, or misuse of landlord's or other tenants' property by intentional act
    • continued or subsequent unreasonable disturbance
    • repeated violations after 7 Day Notice to Cure.

    Some examples of curable violations include:

    • unauthorized pet
    • unauthorized tenant
    • parking in unauthorized parking spot,
    • failing to keep premises clean and sanitary
  • Preparing 15 Day Notice of Termination of Month-to-Month Tenancy

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  • You Posted a

    3 Day Notice to Pay or Vacate

     

  •  

    Eviction for Non-Payment

    Landlords can evict a tenant for not paying rent in accordance with the terms of the rental agreement. The rental agreement bay be oral or written. The bottom line is the tenant can't stay in the property rent-free. Generally, the landlord cannot evict a tenant for non-payment of late fees or utilities; only non-payment of rent.

    Not-Included in This Eviction:

    Past Due Rent, damages (also known as Count II - for Damages)

    Accepting Rent After Notice or Filing: If the landlord accepts rent from the tenant with knowledge of the tenant's prior non-payment, then the landlord may have waived the right to evict.

     

    Have a Question or NEED HELP?

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  • You Posted a

    7 Day Notice to Cure Material

    Non-Compliance

    With Lease or Law

     

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    Eviction for Material Non-Compliance of Lease or Law

     Landlords can evict a tenant for non-compliance or repeat non-compliance with terms of the written rental agreement or some provisions of the law.

    Some examples of non-compliance include:

    • -Unapproved or unauthorized occupants
    • -Unapproved or unauthorized pets
    • -Nuisance complaint by other tenant
    • -Improper use of the property
    • -Unapproved or unauthorized subletting

    NEED HELP?

    Call (888) 384-2872

     

  • You Posted a

    15 Day Notice Termination of Month-to-Month Tenancy

     

  •  

    Who is a 'holdover' tenant?

    A holdover tenant remains in possession of the rented property after expiration of the rental agreement without permission or consent of the landlord.

    If the written rental agreement has terminated (at the end of the lease), or the landlord has terminated the rental agreement with proper notice, then the tenant is no longer in legal possession of the property. The tenant remains on the property without the consent of the landlord after termination of a renal agreement.

    If the rental agreement is oral, or if the written but does not specify a term of the tenancy; then the landlord may terminate the rental agreement with proper written notice.

    NEED HELP?

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  • Toll Free (888)

    384-2872

    If you are the landlord and you accepted past due rent after posting a 3 Day Notice to Pay or Vacate, call us to discuss your case.

  • Upload Other Document

    Please upload notice here.  This notice must be signed by the person delivering it. 

     

     

     

     

     

     

     

     

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  • Click 'Next' to continue with the Eviction Questionnaire.  You will receive a separate E-mail with a 3 Day Notice after you submit the completed form
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  • Eviction Cost Estimator
  • You Selected:

    Tenant Eviction for Non-Payment of Rent (Possession Only)

    Legal Services Description: $175 Attorney Flat Fee for Uncontested Residential Eviction for Non-Payment of Rent (Unsubsidized) Possession - Count I Only

  • You Selected: Tenant Eviction - Holdover Tenant

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  • You Selected: Tenant Eviction for Material Non-Compliance

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  • You Selected:

    Eviction of a guest, family member,

    or significant other, or squatter.

  • Some of your responses:

    Your Name

    {yourName}

    {yourName723}

    Best way to reach you  {pleaseTell124}
    You selected to: {whatWould310}
    Adults to be evicted:  {tenant1} {tenant2154} {tenant3} {tenant4159}
    County Property is located in: {floridaCounty} {floridaCounty227}
    Number of adults at the property: {pleaseEnter} {enterThe}
    Landlord Name is: {ownerlandlordName}
    Property Address is: {propertyTenant118}

  •  

    Estimated Cost

     

  • **The estimated total cost of uncontested eviction includes the sheriff's fee for Writ of Possession, which may be required after the entry of a final judgment.
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  • Description

    One

    Tenant

    Two

    Tenants

    Three

    Tenants

    Curt Filing Fee and Summons (more)

    $195 $205 $215

    Service of Process (more)

    $40 $80 $120

    Sheriff's Fee for Writ of Possession (more)

    $90 $90 $90

    Attorney Flat Fee for Legal Services (more)

    $175 $200 $225
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  • Attorney Employment Agreement
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  • Please read the Attorney Employment Agreement below, then scroll down

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  • Ready to submit this form?

  • Before submitting this form please review our Attorney Employment Agreement and upload a signed agreement using the link below.

    If you are satisfied with the answers you provided on this form you can click the 'submit' button below to send us your answers and to be directed to the Payment page.

    DISCLAIMER

    Submitting this form and/or making a payment does not constitute creation of a attorney client relationship.  Submitting this form and/or making a payment does not mean that the attorney will file a case in court.  All monies paid are refundable until an attorney/client relationship is established. 

    Please call for a free consultation to discuss your specific case for an experienced eviction attorney.

    Need Help? or have a questions?

    Call (813) 333-1660  |  Contact Us

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  • Eviction Process Time-Line

    Generally, it is possible to finalize an uncontested eviction for non-payment of rent within 30 days from the date of filing an eviction in court, but this process may vary.  There are many factors that affect how long an eviction process will take.

    Below is an estimated timeline for uncontested eviction for non-payment of rent. This timeline is based on moving through the eviction process as fast as the law allows.  This timeline is just an estimate.  Do not assume that your eviction process will be finalized within 30 days.  Call to speak with an experienced eviction attorney to discuss your specific case.

    Below is an Estimated Eviction Process Time-Line

    1. Deliver Proper Notice to Tenant

     Generally 3, 7, 10 or 15 Days, before filing of an eviciton in court.

    • Before a landlord or property owner can file an eviciton case in court, it is necessary to post a proper notice informing the tenant of the amount owed to the landlord or the tenant's non-compliance, and giving the tenant the proscribed time to come into compliance.

    You can find a free downloadable notice to tenant by checking the box above under 'Download a Notice' or by clicking here

    2. File Eviction Case in Court

    Generally allow 2 to 3 days for the clerk of court to issue a case number and for your eviction case to be forwarded to a Florida certified process server for service of court documents on the property.

    3. Service of Eviction Documents

     Generally allow 1 to 3 days for service (by posting) of court documents. Once the eviction documents and summons are posted on the property, the tenant has a limited amount of time to answer the complaint (5 business days).

    Posting or Personal Service of court documents

    • Possession of the property (also referred to as Count I).  The eviction documents must be posted on the property to obtain a final judgment of eviction and possession of the property.  
    • Past Due Rent and Damages (also referred to as Count II).  The eviction documents must be personally served on the tenant to obtain a final judgment of past due rent and damages.

    4. Tenant has 5 Days to Answer and Deposit

    5 business days, not including weekends, or legal holidays. Generally allow 7 to 10 days.

    • The tenant must file an answer with the clerk.  The Tenant's answer must contain any and all defenses the tenant has against the eviction.  Also, the tenant must deposit with the Registry of the Court any undisputed unpaid rent.
    • A copy of the answer must be delievered to the landlord or landlord's attorney.
    • If the tenant does not file an answer with the clerk, a default may be entered 

    5. Court Enters Default or Hearing

    Generally allow 5 to 7 days in uncontested cases for the court to enter a default. Allow more time if a hearing is required.

    • If the tenant fails to answer the eviction complaint, then the Court will enter a default final judgment of eviction against the tenant.
    • The court may set a hearing to determine the amount of rent a tenant must deposit with the clerk of court or to determine if an eviction will be entered against the tenant.

    6. Clerk Issues Writ of Possession

     Generally allow 1 to 3 days for the clerk to issue the writ of possession.

    7. Sheriff Executes Writ of Possession

    Generally allow 5 to 7 days for the Sheriff to finalize the eviction and turn over possession to the landlord.

    SERVING NOTICE ON THE TENANT The Deputy Sheriff will post a copy of the Writ of Possession on the tenant's premises which states that the tenant will have 24 hours to vacate.  If the tenant does not vacate within the 24 hour period, the Deputy Sheriff will place the landlord in possession of the premises by removing the tenant.  After the Deputy Sheriff has removed the tenant from the premises, the landlord or his agent may remove any personal property found on the premises to or near the property line.

    24 HOUR PERIOD Pursuant to Florida Rules of Civil Procedure applying to Computation of Time, the day the writ is posted is not counted.  The 24 HOUR period begins at 12:01 a.m., the business day following the posting, not including weekends or legal holidays.

    FOLLOWING THE 24 HOUR PERIOD Following the 24 Hour period, the Writ of Possession will be scheduled for conclusion by the Sheriff’s deputy as soon as possible.  The Landlord, property manager, or other contact listed on the Writ will be contacted by the Sheriff’s deputy after posting of the 24 Hour Notice to schedule conclusion of the Writ of Possession.  For Conclusion of the Writ of Possession, the Landlord or agent must be present at the property at the date and time scheduled.

    Don’t Forget

    • Arrange for a locksmith if necessary
    • Do Not enter the premises or building prior to the deputy’s arrival to conclude the Writ.
    • The deputy must walk thru the premises or building to ensure that all persons and animals are not long inside.
     LEARN MORE
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