Dismissed Florida Eviction’s Costs & Fees Must be Paid Prior to Filing a New Eviction Action. A recent eviction action in Volusia County was abated by order of the court when it was determined that a landlord failed to pay costs and fees in a prior failed eviction attempt of the same tenants. The Florida Rules…
Category Archive for: Law Review
90 Day Notice Required to Evict Remaining Tenants After Foreclosure. A writ of possession was recently quashed in Volusia County, Florida when it was determined that the remaining tenants in possession of a home after foreclosure had not been given 90 days notice to vacate pursuant to the Protecting Tenants at Foreclosure Act of 2009. It…
Welcome to the home of OstregaLaw.com We are Florida Landlord Tenant and Eviction Attorneys! Via our new site, we hope to provide compelling information and newsworthy court rulings in the area of Landlord Tenant Law. The Ostrega Law Firm, P.A. is a full service boutique style law firm with a primary focus on Landlord Tenant…
A Florida court in Orange county granted a defendant’s “motion to waive posting of rent into the rent registry until such time as the court rules on defendant’s pending motion to dismiss without leave to amend” when the court determined that the substance of the defendant’s motion to dismiss challenged the court’s eviction power. See…
The Circuit Court in Orange County, Florida recently dismissed twelve eviction actions when it determined that the property manager had forged the landlord’s signature on all the complaints, thus committing a fraud on the court. The court retained jurisdiction for a determination as to attorneys fees and costs. See opinion below. ESTAD LLC, Plaintiff, vs.…
Always be careful that your actions comply with what you put in writing. Continuously accepting rent after providing notice of default to a tenant may operate in a Florida as a waiver and estoppel of your right to evict without giving the tenant additional statutory notice. PRAIRIE OAKS APARTMENTS, LTD, d/b/a PRAIRIE OAKS APARTMENTS, Plaintiff, vs. KISSIE ROBINSON, Defendant. County Court,…
Strict adherence to the requirements of Florida statute is required when prosecuting a Florida eviction so it is important that you have an attorney who understands the detailed landlord tenant law. The requirement of providing three days notice to tenants as a condition precedent to filing an eviction must be complied with to the letter…
A Polk County Circuit Court recently held that where an attorneys’ fee entitlement provision in a landlord-tenant lease agreement provided recovery of attorneys fees without a court’s entry of a final judgment or rendition on the Florida eviction matter, the fee provision was ambiguous and unenforceable. See court order below. ROBERT VOIGHT D/B/A EMERALD RUN…
Blog Posts
Waiver & Estoppel - Florida Evictions
September 26th, 2013
Always be careful that your actions comply with what you put in writing. Continuously accepting ren[...]
Shutting Off Utilities Costs Landlord Triple in Florida Eviction
October 1st, 2011
Shutting Off Utilities Costs Landlord Triple in Florida Eviction
A recent opinion out of the 17th J[...]
Tenant's Lease Subject to Termination Upon Landlord's Property Foreclosure
September 21st, 2015
Tenants may be facing new hurdles due to a newly enacted statute by Governor Rick Scott. On June 2,[...]
Jurisdiction & Eviction
March 26th, 2014
A Florida court in Orange county granted a defendant’s “motion to waive posting of rent into the ren[...]
Dismissal Overturned When Landlord Not Given Opportunity to Cure Defective Notice or Pleadings
March 12th, 2015
A dismissal was recently reversed in Miami-Dade when the circuit court on appeal determined that the[...]
Unappealable Non-Final Orders in Florida Eviction Actions
September 8th, 2015
An appeal was recently dismissed when the appellate court determined that the order being reviewed i[...]
90 Day Notice to Evict Remaining Tenants After Foreclosure
May 5th, 2014
90 Day Notice Required to Evict Remaining Tenants After Foreclosure.
A writ of possession was rec[...]
Service of Process by Posting = Limited Jurisdiction in Florida Eviction
July 23rd, 2012
If you seek money damages in your eviction action personal service is required for the court to have[...]