The Lease Agreement is rental contract between Landlord & Tenant addressing the term of the lease; the monthly rental amount; who is entitled to reside on the premises; late charges; pet clauses; Landlord access to the dwelling unit, etc…
#1 Seminole Landlord Tenant Lawyer
If you are involved in a dispute, the very best Seminole Landlord Tenant Lawyer can make the biggest difference.
A lease is an agreement that legally binds both the landlord and the tenant to the terms for a specified period of time. The lease may be oral or written. However, oral agreements may be impossible to prove in court should a dispute arise. The terms and conditions of the lease are usually regulated by the lease agreement. If you do not know where to start, we would be more than happy to speak with you!
3 Day Notice TO Quit
The Three (3) Day Notice to Quit notice is sent to a Tenant in default of the Lease Agreement for non-payment of rent. This notice states to the Tenant in default that in the event rent is not paid within three (3) days, the Tenant is requested to vacate (quit) the premises.
This notice is personally delivered by the Landlord, or an agent of the Landlord; posted in a conspicuous place on the premises by the Landlord or agent or, sent by Certified mail.
7 DAY NOTICE TO QUIT
A Seven (7) Day Notice is sent to the Tenant for a violation of any other provision in the Lease Agreement (i.e., noise violations; yard maintenance neglect, parking, etc.,) if provided for in the Lease Agreement. This notice is personally delivered by the Landlord or an agent of the Landlord; posted in a conspicuous place on the premises by the Landlord or agent or, sent by Certified mail.
In the event the Tenant does not pay the rent due within three (3) days of receipt of the Three (3) Day Notice to Quit or correct the violation complained of, the Landlord may initiate Eviction proceedings against the tenant.
Exhibits to the Complaint for Tenant Eviction should include a copy of the Three (3) Day Notice to Quit or Seven (7) Day Notice to Quit, as well as a copy of any written Lease Agreement.
When we file an Eviction Complaint, we have one count for possession (the Eviction) and one count for damages (to the property). The damages count addresses damages to the premises, as well as unpaid rent, unpaid water/electric bills, if applicable and, attorney fees.
Once served with the Complaint for Tenant Eviction (if for non-payment of rent), the Tenant has five (5) days to deposit the total amount of rent claimed due into the Court registry. Once that is done, the Tenant may then defend against unlawful rent increases, as well as voice any other objections he/she has regarding the rental premises (leaking roof, faulty wiring, water/electrical problems, etc…), counterclaim in the Tenant Eviction action.
In the event the Tenant does not deposit sufficient rental monies into the Court registry, the Landlord may request the Court to sign a Final Judgment of Possession and, issue a Writ of Possession against the rental premises. The Writ of Possession enables the Landlord to obtain a Writ of Eviction.
WRIT OF EVICTION
Once a Writ of Eviction is obtained, the Landlord may deliver a certified copy of the Writ of Eviction to the Sheriff’s Office for serving/”posting” on the premises. The cost is $80. The Deputy Sheriff will then advise the Tenant he/she/they have twenty-four (24) hours to vacate the premises and, in the event he/she/they do not vacate the premises, when the Deputy Sheriff returns, they will remove all residents to the street, and authorize the Landlord to remove the Tenant’s possessions to the curb.
There could be two (2) judgments in a Tenant Eviction proceeding. One for possession and one as a Final Judgment (by default or through trial), for money damages. That judgment may then be re-recorded as a Judgment Lien. Then, in the event the Tenant/Defendant should ever attempt to purchase or sell real property in the county where the Judgment Lien has been recorded, the Judgment must be satisfied.