FREQUENTLY ASKED QUESTIONS
FOR WHAT REASONS CAN I EVICT A TENANT?
There are multiple reasons to evict a tenant. The most common reasons are for non-payment of rent or the tenant has violated a provision in the lease agreement. Although the current CDC guidelines have a ban on residential evictions for non-payment of rent, residential evictions can still take place. However, there are certain reasons a landlord cannot evict a tenant. Call Makris Legal, P.A. to learn more.
WHAT DO I NEED TO DO TO START THE EVICTION PROCESS?
When it comes to evicting a tenant the landlord must provide the proper notice and serve it correctly. This can either be a 3 day, 7 day, 15 day, or 30 day notice. Additionally, the notice must be served correctly in order for the notice to be proper. The reason for evicting your tenant will determine what notice is required. Failing to provide proper service on a tenant can either delay an eviction or the eviction can be dismissed by the Court. If the eviction is dismissed by the Court, then the landlord will have to start the eviction process over.
DOES A LANDLORD NEED AN ATTORNEY TO FILE AN EVICTION?
Although it is possible for a landlord to represent themselves, it is highly recommended that a landlord retains an attorney go through the eviction process. An attorney will be able to navigate through the eviction process, especially with all of the rules and regulations that have been put into place due to the COVID-19 pandemic, and will be able to navigate through whatever a tenant may try to throw at them. Additionally, if a landlord retains an attorney to handle the eviction it will save the landlord time. If the property is owned under an entity, regardless if it is owned under a corporation or LLC, then an attorney is required to represent the landlord.
HOW LONG DOES AN EVICTION TAKE?
There are many variables that come into play in determining how long an eviction proceeding can take, such as if the landlord and/or tenant is represented by an attorney, whether the landlord is seeking only possession of the property or possession and damages. Usually, landlords who are represented by an experienced attorney tend to have a quicker eviction compared to a pro-se, or self-represented landlord.
WHAT STATE(S) CAN MAKRIS LEGAL P.A. HANDLE CASES?
Currently, Makris Legal, P.A. handles cases and legal matters in Florida.
WHAT IS AN ANNUAL REPORT?
In Florida, entities are required to file an annual report to update or confirm the Florida Department of State, Division of Corporations' records and to maintain an "active status" with the Department of State. If you fail to file the annual report, your entity may be administratively dissolved and you will incur a penalty fee for filing late.
DO I NEED TO FILE AN ANNUAL REPORT EVEN IF I HAVE NO CHANGES TO MY ENTITY?
Yes. Even though your entity may not have any changes, it is still required each year in order to maintain an "active status" with the Florida Department of State. As mentioned above, if you fail to file the annual report, your entity may be administratively dissolved and you will incur a penalty fee for filing late.
HOW MUCH DOES IT COST TO FILE AN ANNUAL REPORT?
If the report is filed before May 1st the filing fee is as follows (filing fees are subject to change without notice and do not include attorneys' fees):
For Profit Corporation $150
Non-Profit Corporation $61.25
Limited Liability Company $138.75
Limited Liability Partnership and Limited Liability Limited Partnership $500
If the entity files their annual report on or after May 1st, an additional $400 late fee will be imposed except for Non-Profit Corporations.