If you are a landlord with only one or two properties and are new to the process, going through an eviction can be confusing. Every eviction starts with a notice of eviction to the tenant. If they do not comply, you have to follow up with filing with the courts and serving them with eviction papers. Here are the things you need to know to make sure you are operating within the law.
There are two types of eviction notices that you can submit in Florida. You can submit a 3-day eviction notice for failure to pay rent. You can also serve a 7-day eviction notice for failure to comply with the terms of the lease, such as having unauthorized persons or pets on premises. This initial eviction notice does not have to be filed with the courts, but it does need to be presented to the tenant.
You can serve the eviction notice to the tenant directly, leave it with another adult on the premises, or affix it to the door. The method of service must be noted. While you do not necessarily need a private process server for this initial eviction notice, it is a good idea to hire one. If the tenant tries to say later that they never received the notice, it is important to have a third-party certification that it was served.
If the tenant doesn’t comply with the eviction notice, you then have to file a complaint with the courts to try to get them removed from the property. These filed eviction papers also have to be served to the tenant. These papers must be served directly to the individual on the lease. A private process server in Sarasota can handle the service for you effectively. Proper service is required so the tenant has a chance to submit an answer for a court hearing.
If you are a landlord and need help with the eviction process, a professional and experienced process server in Sarasota can help. Contact us today for more information.
As a landlord or property manager, you know that tenants don’t always live up to the terms of their lease agreements. Some fail to pay rent on time while others ignore pet or noise policies and hope they won’t get caught. Since you want to maintain tenants that are reliable and trustworthy, you have the power and ability to evict tenants who have broken their lease agreements and have not resolved the problem after a warning period.
Florida’s Three Day Rule
Laws vary by state, but Florida’s law is clear: landlords can utilize a three day notice method that provides tenants with three days to resolve the problem or move out. This is a legal and valid action that most landlords utilize to approach nonpayment of rent. If a tenant has not made a payment for past due rent, a landlord can have a three day notice delivered using the following wording: Continue reading
Your law firm or collection company has a legal obligation to properly notify defendants that they are involved in a court case, but this is often easier said than done. Without this service of process, a lawsuit risks being dismissed. Sheriffs and private process servers are the only professionals capable of serving process in a legally recognized way, but which is the better choice? Hiring a reliable and registered process server is the best decision for many reasons.
The sheriff’s office juggles numerous priorities and responsibilities in addition to the job of process server. This often causes legal papers to be delivered days or weeks late, and such delays can significantly interfere with lawsuits. Since process servers are strictly dedicated to service of process, your most important papers will be delivered with far more efficiency. Continue reading
Native Americans lived and thrived in North America long before European explorers discovered “The New World,” but nonetheless, their lives were forever changed as the 13 colonies were founded and American colonists competed for land and resources with long-established tribes. The 17th, 18th, 19th, and 20th centuries witnessed extreme conflicts between the emerging American population and the Native American tribes. Unfortunately, more often than not, most tribes eventually had no choice but to conform to the U.S government, concede their tribal lands, and live on strange reservations in near-poverty. Continue reading
Process servers play an incredibly important yet often underappreciated job within our country’s legal system. It is a law in all fifty states that a defendant involved in any lawsuit receive proper notice of the impending case, and it is largely the responsibility of process servers to deliver such notices in a legally recognized manner. This means that process servers are very often the people who deliver bad, stressful, and unwanted news to countless Americans. Some recipients react with fear, others with desperation, and still some with violence and anger. This places process servers on the front lines of the law, face to face with people who often react in dangerous and unpredictable ways. Continue reading
Facebook has reached just about every corner of the earth, making Mark Zuckerberg, the company’s CEO, an extremely rich and famous man, to say the least. However, Zuckerberg recently became embroiled in something other than technology and social media endeavors.
Filing Hundreds of Lawsuits
It was right around Christmas that Zuckerberg shared photographs of his family’s $100 million, 700-acre property in Kauai, Hawaii, writing that he and his wife “fell in love with the community and the cloudy green mountains.” However, that kind depiction of his plan to join the Kauai community fell in sharp contrast with what Zuckerberg did just two days later. His lawyers filed lawsuits against hundreds of his new neighbors in Hawaii and all recipients were served papers regarding the “quiet title” suits. Continue reading
Until you need a process server, you may not realize what an important role they play within the legal system. Whether you are ready to serve divorce papers or collect on an unpaid debt from an old business partner, a process server can help make difficult situations a bit easier.
Basic Facts About Process Servers
A process server is a person legally certified to deliver court orders and court documents relating to a defendant’s presence in court. Aside from court-appointed officials like the sheriff, process servers are the only individuals who can serve defendants with the papers necessary to advance a court case or legal situation. Since a legal case cannot continue in court without proper delivery of papers, this first step of process of service is nothing short of vital to any court battle. Continue reading
Process servers and other civil servants have entered the month of November with a bit of extra protection to their names. On November 1, Governor Andrew Cuomo’s bill to protect process servers from assault went into official effect. New York joined three other states, California, Florida, and Illinois, to take specific measures to protect vulnerable workers. Workers who clean public transportation states and utility workers are also included in the bill. Now an attack on any such person is not a misdemeanor, but a class D felony subject to up to seven years in prison. Continue reading
Restraining orders aren’t uncommon among grown adults, even between divorced couples embroiled in bitter conflict, but they typically do not apply to young children. Until now.
A restraining order is a temporary court order that can be requested in order to protect an individual from contact with another person who is deemed dangerous. While most eight-year-old boys are playing outside or watching cartoons, Peyton Whitehead of Missouri is dealing with the fallout from being served a restraining order in his own classroom.
It was only the second day of school when a deputy served Peyton with a restraining order as he sat in class. The father who filed for the restraining order had grown increasingly concerned about Peyton’s behavior for his children and felt that a restraining order would be the only protective measure strong enough to keep his kids safe. Continue reading