Landlord/Tenant & Evictions

Filing Florida Eviction

Shipp LawFiling Florida Eviction? Section 83.59, Florida Statutes, permits the landlord, the landlord’s attorney or a landlord’s agent to file a complaint for removal of a tenant.  As determined in Fla. Bar Re: Advisory Opinion Non-Lawyer Preparation of and Representation of Landlord and Uncontested Residential Eviction, 627 So. 2d 485 (Fla. 1993), the landlord’s agent is not permitted to take any other action that the filing of the complaint unless the Landlord’s agent is an attorney.  If the signer of the complaint is a property manager of the subject property, he or she must file a Landlord’s Authorization to move for a Default and to obtain a Final Judgment and Writ of Possession on behalf of the Landlord in an uncontested eviction.

The Landlord’s Written Authorization cannot serve to designate the property manager as the Plaintiff in the Eviction action or to authorize the manager to seek recovery of past due rent.  The Landlord’s Written Authorization must state that the Landlord grants the property manager authority to act on his or her behalf, which includes acting on the Landlord’s behalf involving tenant evictions.  It is important to get this distinction correct because it can delay the eviction process significantly.  The Law Office of Ryan S. Shipp, PLLC is here to help.  Call us today at (561) 699-0399 to set up your free 20-minute consultation.  We are located in Lantana, Florida.  We serve South Florida.

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