Polk County 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 Polk County, 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 Polk County, FL depend on the number of tenants that are being evicted. Typical costs for a Polk County residential eviction of a tenant for non-payment of rent include the Polk County Clerk filing fee, Polk County Process Server Fee, and the Polk 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 Polk County, please contact eviction lawyer and real estate attorney Jaisen Stango today at (407) 835-8688.

Polk County evictions are filed in the Tenth Judicial Circuit in and for Polk County with the Clerk of the Court for at the Polk County Courthouse located at The Historic Courthouse in Bartow, Florida 255 N. Broadway Ave. Bartow, FL 33830.

Eviction Attorney Jaisen J. Stango represents real estate investors and rental property managers with properties in Polk County, Florida including the cities and communities of Achan, Agricola, Alcoma, Alturas, Auburndale, Babson Park, Baird, Bartow, Bereah, Berry, Bonnie, Bradley Junction, Brewster, Carters Corner, Citrus Ridge, Combee Settlement, Connersville, Crooked Polk Park, Crystal Polk, Cypress Gardens, Davenport, Dundee, Eagle Polk, East Mulberry, Eastwood, Eaton Park, Eloise, Eloise Woods, Eva, Ewell, Fedhaven, Florence Villa, Floritan, Fort Meade, Fountain Heights, Fox Town, Frostproof, Fuller Heights, Fussels Corner, Galloway, Gibsonia, Gordonville, Green Bay, Griffin, Haines City, Hesperides, Highland City, Highland Park, Hillcrest Heights, Holiday Manor, Homeland, Indian Polk Estates, Inwood, Jan-Phyl Village, Jones Corner, Kathleen, Kingsford, Kossuthville, Polk Alfred, Polk Garfield, Polk Hamilton, Polk of the Hills, Polk Shipp Heights, Polk Wales, Polkland, Polkland Highlands, Loughman, Lucerne Park, Lynchburg, Maxcy Quarters, Medulla, Mountain Polk Station, Mulberry, Nalcrest, Neilson, Nichols, Oak Terrace, Orangedale, Pebbledale, Pembroke, Pierce, Pine Dale, Pittsburg, Poinsettia Park, Polk City, Poyner, Prairie Junction, Providence, Ridgewood, Rock Ridge, Rolling Hills, Roux Quarters, Royster, Socrum, South Mulberry, Tancrede, Tiger Bay, Tranquility Park, Wahneta, Waverly, West Polk Wales, West Scenic Park, Willow Oak, Winston, Winter Haven, Withla, and Wolfolk.

Polk County, Florida

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/

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

When the Tenant breached the rental agreement and either:

1. the landlord obtained a writ of possession;
2. the tenant surrendered possession; OR
3. the tenant abandoned the premises

the Landlord may:

1. retake possession for his own account (thereby terminating any further liability of the Tenant);
2. retake possession for the account of the Tenant (and holding the Tenant liable for the difference between what the Landlord is owed under the rental agreement and what that Landlord can recover from releasing the premises);
3. do nothing; OR
4. charge the Tenant an early termination fee.

If you are a Landlord, you would be well advised to contact a Landlord / Tenant Attorney BEFORE choosing one of the available remedies provided for under Florida Law to determine which option is best for your current situation and to ensure the proper election of the chosen remedy.

If you are a Tenant and your Landlord is 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 Landlord / Tenant Law, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

A common question from Tenants is, “When can my Landlord come into my home?”

The answer depends on the terms and conditions of the rental agreement. If the rental agreement is silent on the issue, then Florida Law exclusively governs the issue.

Landlord’s Right to Access:

Ownership of property has been analogized as having a “bundle of rights.” One of those “sticks” in the bundle of rights is ‘possession.’ Although the Landlord ‘owns’ the property, when he enters into a rental agreement with a Tenant, the Landlord transfers over the right of possession to the Tenant. Consequently, the Landlord does not have the unfettered right to enter the property.

Florida Law prohibits the Tenant from unreasonably withholding consent to the Landlord occasionally entering the premises to

1. protect or preserve the premises
2. make necessary or agreed repairs
   
3. make decorations, alterations, or improvements
4. supply agreed services
5. exhibit the premises to prospective or actual purchasers, mortgagees, tenants, workers, or contractors

Landlord’s Obligations:

The Landlord can enter the premises to protect or preserve the premises at any time.

Landlord Larry stops by the unit to collect the rent and sees smoke coming from inside. In this case, Larry can immediately enter the premises without prior notice or consent from the Tenant Tom.

The Landlord can enter the premises to make repairs by giving at least 12 hours notice and entering the unit between 7:30 am and 8 pm.

Larry hires Joe the Plumber (after he gets a license and liability insurance) to install water saving shower heads on all of his rental properties. Larry can enter the Tom’s unit by giving Tom notice on Monday at 9 am the Joe will be entering the unit on Tuesday at 1 pm to make repairs.

For any of the other enumerated reasons in Section 83.53(1), the Landlord may enter the premises

1. with the consent of the tenant
2. in case of emergency
3. when the tenant unreasonably withholds consent

However, the Landlord is prohibited from abusing his right to enter the premises or use it to harass the Tenant.

Jaisen J. Stango Esq.
Landlord / Tenant Lawyer