Fort Lauderdale Eviction Screw Up Has Landlord Facing $10,000 Lawsuit
A Fort Lauderdale property owner recently attempted to evict a tenant on their own. What could have been a relatively simple, efficient process turned ugly because they did not seek professional help.
The owner did not follow the eviction process to the letter of the law and ended up facing legal action for serving an illegal three day eviction notice.
Why was it illegal? Legal statute prohibits landlords from adding late fees or penalties to a three day notice of eviction. The owner in this particular case did not know that and it’s costing him.
It’s Florida. Watch for Sharks!
Was it an adept tenant that caught this error? Nope.
There is an army of “shark” attorneys that regularly review recent notices of eviction in Fort Lauderdale.
These opportunistic attorneys detect improper paperwork and then go visit the tenant to inform them about the landlord’s transgression. When the tenant hires the attorney it essentially buys the tenant free rent for period of time, often several months.
The property owner in this case was sued by the evicted tenant and that’s when the dollar figures start adding up.
Here’s the Tally…
The landlord ended up settling with the tenant and their attorney for $2,900.
In addition, the landlord had their own attorney fees they paid for. This cost at least $1,000.
During this process which took five months to resolve, the tenant remained in the Fort Lauderdale rental property for free. This cost the landlord $6,000 of income.
Also during that time, the landlord had to maintain the rental property and be super responsive to the tenant or risk the attorney raising the stakes of the lawsuit. Awkward!
After the settlement, the landlord had to re-initiate the eviction process all over and also repay the Broward County eviction notice filing fees of $185 and the fee to serve the summons.
Add it all up and you can see how one simple mistake can cost $10,000 or more!
Do Not Let Your Tenant Make You the Defendant!
Is eviction in your tenant’s future? Before you give them the boot, make sure to consult a licensed property manager like Ness Property Management. As a Florida property investor, you need to be working with qualified, licensed, and experienced property managers.
“Having a strong handle on the eviction process is just as important as having an effective tenant selection process. It’s not a matter of if, but when,” says Tamir Ness, founder of Ness Property Management Group. “Tenants have rights under the law so you better know what you’re doing if you need to evict or else you might become the defendant yourself!”
Free Tenant Eviction Resources
Chapter 83 of the Florida statutes states the law as a landlord and as a tenant. In addition, each county has a defined eviction process to follow. Evictions usually occur due to a failure to pay rent, the tenant committed a criminal act, unreasonable nuisance, damaged the property, or the tenant failed to maintain hygiene. No matter what the reason, the law is absolute and a failure to comply can cost you.
If you’re ready to remove bad tenants in Fort Lauderdale, West Palm Beach, Miami, Homestead, Naples, Fort Myers or Lehigh Acres, fill out our fast and easy eviction request form for a free consultation.