Maitland 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 Maitland, 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 Maitland, FL depend on the number of tenants that are being evicted. Typical costs for a Maitland 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 Maitland, please contact eviction lawyer and real estate attorney Jaisen Stango today at (407) 835-8688.

Maitland (aka a “Community for Life”) is one of the oldest incorporated municipalities in Central Florida. Maitland is located in Orange County. In 2000, Maitland had a population of 12,019 a land area land area of 4.64 square miles.

Maitland 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.

http://www.itsmymaitland.com/

Oviedo 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 Oviedo, 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 Oviedo, FL depend on the number of tenants that are being evicted. Typical costs for a Oviedo 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 on how to terminate a tenancy through the eviction process and an estimate of court costs to remove a tenant from rental property in Oviedo, please contact eviction lawyer and real estate attorney Jaisen Stango today at (407) 835-8688.

Oviedo is located in Seminole County, Florida and its city hall is located at 400 Alexandria Blvd. Oviedo, FL 32765. The City of Oviedo was selected by RelocateAmerica.com as one of “America’s Top 100 Places to live for 2010” for the second consecutive year

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

http://www.cityofoviedo.net/

Winter Springs 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 Winter Springs, 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 Winter Springs, FL depend on the number of tenants that are being evicted. Typical costs for a Winter Springs 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 on how to terminate the rental agreement through the eviction process and an estimate of the costs and expenses to remove tenants from rental property in Winter Springs, please contact eviction lawyer and real estate attorney Jaisen Stango today at (407) 835-8688.

Winter Springs is located in Seminole County, Florida and its city hall is located at 1126 E. State Road 434, Winter Springs, Fl 32708. Winter Springs was incorporated in 1959.

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

http://www.winterspringsfl.org/

Casselberry 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 Casselberry, 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 Casselberry, FL depend on the number of tenants that are being evicted. Typical costs for a Casselberry 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 lease through the eviction process and an estimate of court costs to remove a tenant from rental property in Casselberry, please contact eviction lawyer and real estate attorney Jaisen Stango today at (407) 835-8688.

Casselberry (aka The Community Minded City ®) is located in Seminole County, Florida and its city hall is located at 95 Triplet Lake Drive Casselberry, FL  32701. Altamonte Springs was incorporated on October 10, 1940.

Casselberry evictions are filed in the 18th Judicial Circuit in and for Seminole County, Florida with the Clerk of the Court for Seminole County at the Seminole County Courthouse.

www.casselberry.org

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.

Common contract language used in a commercial lease regarding the assignability of the leasehold interest is:

“Tenant may not assign this rental agreement without the written consent of the Landlord.”

The inevitable consequence of such a provision is that it does not explain when the Landlord may and may not lawfully withhold its consent to the assignment.

In Fernandez v. Vazquez, 397 So.2d 1171 (Fla. 3d DCA 1981), the lease contained a similar provision. The issue before the court was whether a commercial landlord with the power to withhold consent to an assignment can withhold that consent for any reason whatsoever. The Tenant in Fernandez entered into an agreement to sell its business, however the Landlord refused to consent to the assignment unless the buyer agreed to pay an additional $250 per month in rent. The buyer refused and rescinded the purchase and sale contract. In response to a subsequent eviction action, the Tenant counterclaimed alleging the Landlord breached the lease by refusing to consent to the assignment.

The court held that when a Tenant agrees to limit its right to assign the lease without prior consent of the Landlord, that consent should not be unreasonably withheld. The court reasoned that a lease is a contract and, therefore, should be governed by the contract principles of good faith and commercial reasonableness. The court further explained that a withholding of consent to an assignment is unreasonable (i.e., a breach of the lease) when it fails the tests for good faith and commercial reasonableness. The court stated that in determining the reasonableness of the withholding of consent by a landlord, the factors to be considered are:

1. the financial stability of the proposed subtenant
2. the suitability of the proposed subtenant for the particular building
3. the need for alteration of the premises
4. the legality of the proposed use
5. the nature of the occupancy, (i.e., residential, commercial, office, retail, etc.)

If you have any questions regarding the legitimacy of a refusal to consent to an assignment of a lease, please call my office at (407) 835-8688 for more information.

Jaisen J. Stango, Esq.
Commercial Eviction Attorney

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