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Polk County Eviction

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

Casselberry Eviction

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

Early Termination Fees for Residential Tenancies

Section 84.43(17), Florida Statutes, defines an “early termination fee” as

any charge, fee, or forfeiture that is provided for in a written rental agreement and is assessed to a tenant when a tenant elects to terminate the rental agreement, as provided in the agreement, and vacates a dwelling unit before the end of the rental agreement.

However, the following are specifically excluded from that definition:

  1. Unpaid rent and other accrued charges through the end of the month in which the landlord retakes possession of the dwelling unit.
  2. Charges for damages to the dwelling unit.
  3. Charges associated with a rental agreement settlement, release, buy-out, or accord and satisfaction agreement.

In order to charge an early termination fee, Landlord must comply with Section 83.595, Florida Statutes. Among other things, section 83.595 requires the Landlord and Tenant to sign an addendum to the rental agreement in which the Tenant specifically agrees to pay the early termination fee. Florida law also limits the amount of early termination fees to a maximum of two months rent.

If you are a Landlord and are interested in retaining the ability to charge an early termination fee, you would be well advised to contact a Landlord / Tenant Attorney BEFORE you enter in a rental agreement to ensure proper compliance with Florida Law.

If you are a Tenant and your Landlord is charing you an early termination fee, you would be well advised to contact a Landlord / Tenant Attorney to determine whether you are in fact liable for that fee under Florida Law.

If you have any questions about early termination fees under Florida Law, please do not hesitate to contact my office at (407) 835-8688.

Jaisen J. Stango, Esq.
Residential Eviction Lawyer

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