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/

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

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

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

A Tenancy without a Specific Term may be terminated by either party giving written notice, as follows:

• When the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.
• When the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period.
• When the tenancy is from quarter to quarter, by giving not less than 30 days’ notice prior to the end of any quarterly period.
• When the tenancy is from year to year, by giving not less than 60 days’ notice prior to the end of any annual period.

However, the above-mentioned notice requirements may be modified by the rental agreement or, in some instances, by the conduct of the parties. Accordingly, it is advisable for Landlords to seek the counsel of a Landlord / Tenancy Attorney to properly terminate a tenancy without a specific term.

If you have any questions about terminating a tenancy without a specific term, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

Under Florida Law, if the rental agreement is silent on the duration of the tenancy (i.e, there is no specific termination date/period contained in the rental agreement), then the the duration of the tenancy is determined by the period for which the rent is payable.

For instance:

• if the rent is paid every week, then the tenancy is from week to week;
• if paid ever month, then the tenancy is from month to month;
• if paid every quarter, then the tenancy is from quarter to quarter;
• if paid every year, then the tenancy is from year to year

If you have any questions about the duration of a tenancy, please call my law office at (407) 835-8688.

Jaisen J. Stango, Esq.
Landlord / Tenant Attorney

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