Landlord / Tenant & Evictions
An eviction is a deadline-driven process where a single defective notice restarts the clock. For a landlord carrying a mortgage on an unpaid unit, that delay is the whole cost.
Geiger Law represents landlords and property managers in Flagler County in residential and commercial eviction matters. We have a streamlined process for uncontested evictions and we offer flat fees for uncontested possession actions based on non-payment of rent or a holdover tenant — so you know the cost before you start.
Corporate landlords must be represented
If your rental property is owned by a corporation, LLC or other entity, Florida law requires that entity to be represented by an attorney in court. An entity cannot file its own eviction. This catches out a great many small property owners who correctly formed an LLC and then discovered they could not appear for it.
The process, and where it goes wrong
Florida eviction is unforgiving about form. The notice must be the right notice for the ground, contain exactly the right language, state the correct amount, give the correct number of days, and be served in one of the statutorily permitted ways. A notice that demands the wrong amount — including late fees where the statute does not permit them — is commonly dismissed, and you begin again.
- Serve the correct statutory notice: a 3-day notice for non-payment of rent, a 7-day notice to cure, or a 7-day unconditional termination for serious violations.
- If the tenant does not comply, file a complaint for eviction in county court.
- The tenant is served and has five business days to respond, and must deposit disputed rent into the court registry to contest.
- Where no answer is filed, move for default and final judgment.
- The clerk issues a writ of possession; the sheriff executes it.
What a landlord must not do
Never change the locks, remove a tenant's belongings, or shut off utilities to force someone out. Florida's prohibited-practices statute exposes a landlord who self-helps to actual and statutory damages plus the tenant's attorney's fees. It converts a straightforward eviction into a case you are defending.
Matters we handle
- Residential evictions for non-payment of rent
- Holdover and end-of-lease terminations
- Evictions for lease violations, after notice to cure
- Commercial evictions
- Claims for unpaid rent and property damage
- Security deposit disputes and statutory claim notices
- Lease drafting and review for landlords
- Writs of possession and enforcement
Common questions
How long does a Florida eviction take?
An uncontested non-payment eviction commonly runs three to five weeks from service of the 3-day notice to the sheriff executing the writ, depending on the court's docket. A contested case takes longer, but a tenant contesting non-payment must deposit the disputed rent into the court registry, which resolves a good many disputes on its own.
Can I include late fees in the 3-day notice?
Be very careful. The 3-day notice is for rent. Including sums the statute or lease does not permit is one of the most common reasons Florida evictions get dismissed. Get the number right the first time.
The tenant left belongings behind. Now what?
Florida has a specific statutory procedure for abandoned personal property, including notice requirements and holding periods. Disposing of a tenant's property without following it creates liability. Ask before you clear the unit.
Do you offer flat fees?
Yes, for uncontested possession actions based on non-payment or holdover. If a case becomes contested we will tell you at that point what the next stage costs before it is incurred.
You may also need
Family Law
Divorce, custody, support and paternity — handled with a steady hand when the stakes are personal.
Learn moreCriminal Defense
Misdemeanor and felony defense in Flagler County — from arrest through disposition.
Learn morePersonal Injury
Auto, truck, motorcycle, slip-and-fall and dog-bite claims — we deal with the insurer, you recover.
Learn moreTalk to a lawyer who will actually pick up the phone.
Tell us what happened. We will tell you where you stand, what it is likely to cost, and what the next step is — before you commit to anything.