Category Archive for: Law Review

Dismissed Florida Eviction's Costs & Fees Must be Paid Prior to Filing a New Eviction Action

Dismissed Florida Eviction’s Costs & Fees Must be Paid Prior to Filing a New Eviction Action

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…

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90 Day Notice Tenants and Foreclosure

90 Day Notice to Evict Remaining Tenants After Foreclosure

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…

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Welcome to Florida Eviction Attorneys

Welcome to

Welcome to the home of 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…

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Florida Landlord Tenant Attorney

Jurisdiction & Eviction

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…

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Florida Landlord Tenant Attorney

Fraud on the Court – Bad Idea!

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.…

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Florida Landlord Tenant

Waiver & Estoppel – Florida Evictions

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,…

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Evictions Notice Landlord Tenant

Zero Day Notice = Failed Eviction

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…

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Fees and Lease Eviction Landlord Tenant

Ambiguous Fee Provision in Lease Deemed Unenforceable

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…

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