Law Offices of Heist, Weisse, and Wolk, P.A.
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Frequently Asked Questions About Evictions

The Law Offices of Heist, Weisse and Wolk are experts in Florida evictions, with extensive experience and an unparalleled track record. The best protection is education - read on to learn answers to the questions managers ask about evictions.

 

1
Do I need an attorney to file the eviction?
11-08-2019
11-08-2019

The eviction is a lawsuit.  It must be filed by an attorney or by the individual landlord who will then represent himself in court. 

A property manager can file some evictions.  The property manager can file an eviction based on nonpayment of rent, provided the lawsuit does not seek a money judgment and provided that there is something in writing showing that the property manager has the owner's permission to file the eviction.  Also, the property manager is only entitled to file the eviction and then submit paperwork for a default judgment to be entered.  The property manager cannot act as the "lawyer" at a hearing or file any other papers.

If the landlord wishes to file his own eviction, the Clerk of Court may have forms available for a small fee.

There are advantages to having an attorney handle the eviction.  The attorney is most familiar with the eviction process and can most ably handle the filing of the required papers.  The attorney is on the frontline, able to handle any defense asserted by the tenant and any problems that may arise.