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EVICTION PROCESS IN FLORIDA - A LAWYER'S EXPLANATION
While many blog writers, including myself, often focus on homeowners in financial distress, Tenants are often victims of either their own financial distress or the financial distress of their landlord.  This article will examine the eviction process from a lawyer’s viewpoint for both the landlord and the tenant.
Since I am a Florida board certified real estate attorney, I will focus on the landlord tenant law in Florida.  And because this article is written at the request of Laura Pearlman, who handles mostly residential transactions, I will focus on the residential part of the Florida Law.
The Rights and Obligations of Landlords and Tenants  Regarding Eviction –
The laws governing residential landlord-tenant relationships is codified (it is written as law) in Florida Statutes at Section 83, Part II.  There are a few exceptions as to what type of residencies do not fall within this law – the most notable for most discussions being when the tenant and the landlord are such because of a contract for the purchase or sale of the property.  This exception is typically where there is a pre-closing occupancy agreement or a post-closing occupancy agreement incident to a purchase contract.  This would not include an option ... more

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