Longwood Eviction Services

$495 Flat-Fee Evictions plus court costs

Uncontested Residential Tenant Evictions for Non-Payment of Rent

Tel. (407) 835-8688

For a flat-fee of $495 plus court costs and expenses, eviction attorney Jaisen Stango represents landlords with rental property in Longwood, Florida in conventional non-government subsidized tenant evictions for non-payment of rent in which the client is only seeking to recover possession of the leased premises.

The court costs to evict a tenant in Longwood, FL depend on the number of tenants that are being evicted. Typical costs for a Longwood residential eviction of a tenant for non-payment of rent include the Seminole County Clerk filing fee, Seminole County Process Server Fee, and the Seminole County Sheriff’s fee to enforce the Writ of Possession.

For free information about how to terminate the tenancy through the eviction process and an estimate of court costs to remove a tenant from rental property in Longwood, please contact eviction lawyer and real estate attorney Jaisen Stango today at (407) 835-8688.

Longwood in located in Seminole County, Florida and its city hall is located at 175 West Warren Avenue Longwood, FL 32765.

Longwood evictions are filed with the Clerk of the Court for Seminole County at the Seminole County Courthouse.

www.longwoodfl.org

Lake Mary Eviction Services

$495 Flat-Fee Evictions plus court costs

Uncontested Residential Tenant Evictions for Non-Payment of Rent

Tel. (407) 835-8688

For a flat-fee of $495 plus court costs and expenses, Attorney Jaisen Stango represents landlords with rental property in Lake Mary, Florida in conventional non-government subsidized tenant evictions for non-payment of rent in which the client is only seeking to recover possession of the leased premises.

Court costs and expenses depend on the number of defendants and are determined by the entity establishing the rate. Typical costs for a Lake Mary residential eviction of a tenant for non-payment of rent include the Seminole County Clerk filing fee, Seminole County Process Server Fee, and the Seminole County Sheriff’s fee to enforce the Writ of Possession.

For free information about the eviction process and an estimate of court costs to evict a tenant in Lake Mary, FL, please contact eviction attorney and real estate lawyer Jaisen Stango at (407) 835-8688.

Lake Mary is located in Seminole County, Florida. City hall is located at 100 North Country Club Road, 32795.

Lake Mary evictions are filed in 18th Judicial Circuit with the Clerk of the Court for Seminole County at the Seminole County Courthouse.

www.lakemaryfl.com

Sanford Eviction Services

$495 Flat-Fee Evictions plus court costs

Uncontested Residential Tenant Evictions for Non-Payment of Rent

Tel. (407) 835-8688

For a flat-fee of $495 plus court costs and expenses, Attorney Jaisen Stango represents landlords with rental property in Sanford, Florida in conventional non-government subsidized tenant evictions for non-payment of rent in which the client is only seeking to recover possession of the leased premises.

Court costs and expenses depend on the number of defendants and are determined by the entity establishing the rate. Typical costs for a Sanford residential eviction of a tenant for non-payment of rent include the Seminole County Clerk filing fee, Seminole County Process Server Fee, and the Seminole County Sheriff’s fee to enforce the Writ of Possession.

For a free information about how to terminate the rental agreement through the eviction process and an estimate of court costs to evict a tenant in Sanford, Fl, please contact eviction attorney and real estate lawyer Jaisen Stango toll-fee at (407) 835-8688.

In Smith vs. Hunt, the 3 Day Notice was given by a real estate agent and only listed the real estate agent’s name and address.

The court held that the 3 Day Notice was fatally defective because it was not given by the lessor to the tenant. Furthermore, the court held that according to the written rental agreement, the tenant was only obligated to pay rent to the lessor, not the real estate agent.  The court also stated that the real estate agent use of the phrase “indebted to me” in the 3 Day Notice was misleading because it implies that the tenant is indebted to the real estate agent, and not the lessor.  Consequently, the court dismissed the landlord’s complaint for eviction without leave to amend.

_{SHARON SMITH, Plaintiff, vs. VERONICA HUNT, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-02057}

 In 901 Pompano LLC vs. Person¹ the landlord was a corporation and filed the eviction without being represented by an attorney.

The court dismissed the landlord’s complaint without leave to amend because the complaint was filed by an employee of the corporation. The court reasoned that the corporation, as a fictitious entity, cannot represent itself in an eviction. The court held that corporations must be represented by legal counsel in eviction actions.

¹ 901 Pompano LLC vs. Person, 16 Fla. L. Weekly Supp. 268a (Fla. 17th Cty. Ct. Dec. 9, 2008).

Under Sec. 83.56(3) of the Florida Statutes, the 3 Day Notice can only demand “rent”.

Accordingly, the court in EMMER, vs. WALKER¹, held that the 3 Day Notice was fatally defective for including filing fees in the amount due. The court reasoned that filing fees are not rent and may not be included in a 3 Day Notice.

¹ RYAN EMMER, Plaintiff, vs. OLIVER WALKER & SHEILA WALKER, Defendants. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-07639.

Jaisen J. Stango, Esq.
Orlando Eviction Attorney

Question: How many days late does the rent have to be before a Landlord can issue a 3-Day Notice ?

Answer: A 3-Day Notice can be issued 1 day after the “due date.”

Explaination: Most Landlords and Tenants mistakenly believe that the Landlord must wait until the “grace period” regarding the application of late fees is over before they can issue a 3-Day Notice. Fortunately, this is not the case.  Landlords must first read the Rental Agreement.  So long as rent is “due” on the first of the month under the terms of the Rental Agreement, the Landlord can issue a 3-Day Notice on the 2nd of the month, even though rent is not “late” until the 5th of the month (i.e., “late fees” are not imposed until the 5th of the month).

Commentary: In my opinion, this problem is a result of the bad drafting of the rental agreement.  For reasons unknown, drafters of rental agreements typically include a 3 or 5 day “grace period” before “late fees” are applied.  It is most likely that these drafters never owned a piece of rental property.  In my experience as a Landlord, if you give Tenants until the 5th of the month before “late fees” become due, they usually will not pay until the 5th of the month.   In addition to giving the Tenant 4 days of free rent (should you have to eventualy file an eviction), this creates confusion between Landlords and Tenants.  Some Tenants sincerely believe that the Landlord can not issue a 3-Day Notice until the rent is “late” (i.e., paid after the 3rd or 5th on the month depending on the Rental Agreement).  Consequently, these Tenants will not promptly respond to a 3-Day Notice issued on the 2nd of the month.

Remedial Action: I counsel my clients to not allow any “grace period” before “late fees” become due and payable to the Landlord as additional rent.  In other words, rent should be “due” on the 1st and “late” on the 2nd.

Before renting housing built prior to 1978, Landlords are required to disclose the presence of known lead-based paint and provide Tenants with the Federally approved pamphlet on lead-based paint poisoning prevention.

For a sample disclosure form, click here.

For a downloadable copy of the Federally approved pamphlet, click here.

If you have any questions about the required disclosures that must be made in a rental agreement, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney
Orlando, FL

Florida Law requires the following radon gas disclosure to be made prior to, or at the time of, entering into a rental agreement:

RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county health department.

This disclosure is specific to the State of Florida.  Accordingly, unless the Landlord is using a rental agreement drafted to comply with Florida law, most likely that document does not contain the required disclosure.  Too often, I come across Landlords that download leases for free off of the Internet.  One of the problems with this is that these Landlords only have a 1 in 50 chance of downloading a Florida specific rental agreement.  Consequently, there is a 98% chance that a randomly selected rental agreement found on the Internet is not a Florida specific.

If you have any questions about the required disclosures that must be made in a rental agreement, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

Under Section 83.595, Florida Statutes, if a Landlord retakes possession of the premises for the account of the Tenant after the Tenant breaches the rental agreement, the Landlord has an obligation of “good faith in attempting to relet the premises.”

The Landlord’s obligation of good faith means

the landlord uses at least the same efforts to relet the premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to rent other similar rental units but does not require the landlord to give a preference in renting the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent.

If you are a Landlord, you would be well advised to contact a Landlord / Tenant Attorney before choosing to retake possession for account of the Tenant to ensure compliance with for Florida Law.

If you are a Tenant and your Landlord seeking damages from you as a result of your breach of a rental agreement, you would be well advised to contact a Landlord / Tenant Attorney to determine whether you are in fact liable for those alleged damages under Florida Law.

If you have any questions about the Landlord’s obligation of “good faith in attempting to relet the premises,” please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney