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Apopka Eviction

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

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

Apopka is located in Orange County. In 2000, Apopka had a population of 26,642 a land area land area of 24.04 square miles.

Apopka evictions are filed in the Ninth Judicial Circuit in an for Orange County with the Clerk of the Court for Orange County at the Orange County Courthouse.

www.apopka.net/

Covelli Family, L.P. v. Abg5, L.L.C. (Fla. App., 2008)

A Tenant becomes a “holdover tenant” if that Tenant remains in possession of the premises either after the expiration of a rental agreement or the valid termination of the tenancy by the Landlord. Accordingly, the period is which the tenant remains in possession after the expiration or valid termination of the rental agreement is the “holdover period.” Under Florida Law (s. 83.06 & 83.58 ), the Landlord may be entitled to double rent during the holdover period.

However, under certain circumstances, a Tenant may remain in possession of the premises after the expiration of a rental agreement or the valid termination of the tenancy and not be deemed a holdover tenant. Under Florida Law, a Tenant that remains in possession under a bona fide claim of right is not a holdover tenant. See Greentree Amusement Arcade, Inc. v. Greenacres Development Corp., 401 So.2d 915 (Fla. 4th DCA 1981).

In Covelli Family, L.P. v. Abg5, L.L.C., the property was damagesd by two hurricanes. The Landlord terminated the rental agreement under the “damage or destruction” provision, which permitted the Landlord to terminate the rental agreement if the cost to repair the building exceeded 20% of the insurable value. However, the Tenant remained in possession of the premises claiming the Landlord failed to obtain estimates from “reputable” contractors. The trial court found in favor of the Landlord and awarded the Landlord double rent during the holdover period

On appeal, the Court held that is was in error to award the Landlord double rent because the Tenant had a “well-founded claim of possession” and, therefore, was not a holdover tenant. The Court noted that, similar to Greentree Amusement Arcade, Inc. v. Greenacres Development Corp, the Tenant remained in possession under an injunction awarded by the trial court. Furthermore, the Court also pointed out that the Landlord’s actions of first using an unlicensed contractor added to the legitimacy of the Tenant’s challenge to the termination.

If you have any questions about Florida Landlord / Tenant Law, please call my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

Greentree Amusement Arcade, Inc. v. Greenacres Development Corp.

A “Holdover Tenancy” arises when the Tenant remains in possession of the premises after the expiration of the rental agreement or after the lawful termination of the rental agreement by the Landlord. Under Florida Law (s. 83.06 & 83.58 ), the Tenant may be liable for double rent during the holdover period.

However, even if the Landlord lawfully terminated the rental agreement, the Tenant may be relieved of the obligation to pay double rent during the Holdover Period so long as the Tenant remained in possession under a bona fide claim of right. See Greentree Amusement Arcade, Inc. v. Greenacres Development Corp., 401 So.2d 915 (Fla. 4th DCA 1981).

In Greentree, the lease required the Tenant to maintain the premises in an orderly fashion. However, because the Tenant’s patrons were “rowdy, unruly, and generally disruptive,” the Landlord alleged this conduct constituted a material breach of the lease and, therefore, terminated the rental agreement. The trial court found the Landlord’s termination of the lease was justifiable and awarded the Landlord damages in the amount of double rent during the holdover period.

On appeal, the Court held that although there was a valid termination of the lease, the Tenant was not a holdover tenant because the Tenant had a bona fide claim of possession. The Court’s rationale was

despite the fact that the trial court correctly found that the landlord had validly terminated the lease option, the validity of that termination remained a genuine and justiciable issue up to the time that the final judgment was entered.

However, the Court noted that the Tenant’s possession of the premises was (1) authorized by an injunction awarded by the trial court and (2) the Tenant continued to pay the normal rent due under the rental agreement until the Tenant vacated the premises.

If you have any questions about Florida Landlord / Tenant Law, please call my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

Holdover Tenancies

A “Holdover Tenancy” is a tenancy in which the Tenant unlawfully remains in possession of the premises after the expiration of the rental agreement. For instance, if the rental agreement clearly states that the Tenancy shall expire at 5 pm on Dec 31, yet the Tenant remains in possession (without the consent of the Landlord) past that time and date, then the Tenant is a Holdover Tenant.

Holdover Tenants are still under the protection of Florida Law. (i.e., Landlords shall not use self-help methods of eviction to remove Holdover Tenants). Accordingly, Landlords must file an appropriate action in a court of competent jurisdiction to recover possession of the premises from Holdover Tenants. However, Florida Law encourages Tenants to peacefully vacate the premises after the expiration of the rental agreement by entitling Landlords to recover DOUBLE RENT during the Holdover Period. For instance, if the normal monthly rent was $900, then the Tenant is liable for $60 per day (based on a 30 day proration) for each day that the Tenant remains in the premises after the expiration of the rental agreement.

A problematic issue arises when Landlords enter into negotiations to renew Tenancies with Tenants prior to the expiration of the rental agreement. Even though (from the Landlord’s point of view) a ‘final agreement’ to renew the Tenancy was never mutually agreed upon, the Tenant may be in a position to claim that the Tenant reasonably and materially relied upon the Landlord’s representations that the Tenant would be able to remain in possession of the premises after the expiration of the rental agreement and, as a result, the Landlord may not immediately file an eviction action shortly after the expiration of the rental agreement.

Another common problem for Landlords is accepting anything of value from Tenants in exchange for permitting the Tenant to remain in possession of the premises past the original expiration date.

If a Landlord does not intend to renew a rental agreement, it is advisable for that Landlord to seek the counsel of a Landlord / Tenant Attorney so that the Landlord’s actions prior to the expiration to the rental agreement does not give rise to a defense in an eviction action.

If you have any questions about recovering possession from a Holdover Tenant, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney