how do I file a commerical eviction in flroida?
923362
* The eviction notice is the landlord's request or formal demand made to the tenant. It asks the tenant to move out. It is delivered to the tenant only, and is not filed in court.\n\n* If the tenant does not voluntarily move as requested by the eviction notice, the landlord may file an eviction case in court. The eviction case is the landlord's request or formal demand made to the County Court. It asks the Court to evict the tenant.\n\n* The request is made in a Summons and Complaint, which is delivered to the tenant by a process server.\n\n* The tenant has five business days to file a written answer to the Summons and Complaint or he/she will be evicted.
594707
Ignore those first two comments.  Those people don't know what they're talking about.  I don't know what the laws are in your state but I have a general idea.  I am a California lawyer who practices landlord/tenant law.  While the laws in your state will be somewhat different, the general thrust of the laws will more than likely be the same.\n\nFirst of all, DO NOT change the locks.  Self-help is more than likely not allowed in your state.  I can't imagine a single state that would allow that remedy.  If you go that route, you're looking at getting your butt sued.\n\nSecond, don't bother with the county prosecutor.  The prosecutor or District Attorney only cares about criminal acts.  Yours is a civil dispute.\n\nCheck out the website for your local county court.  Many counties have self-help sections for landlords.  Or, go to the county court clerk's office and see if they offer any free legal clinics or any self-help resources for landlords.  Third, go to your local bookstore.  I guarantee that they will have a number of books on how a landlord can evict people in your area.\n\nChances are that the very first thing you need to do is post a notice on your tenant's door to pay rent or quit.  In California, it is a 3 day notice.  \n\nIf you've never done this before, it may be worthwhile to talk to a laywer in your area who specializes in landlord/tenant disputes.  Go to www.martindale.com for a listing of landlord/tenant attorneys in your area.  If you move quickly, you can get your tenant evicted in 30 days or less.  \n\nGood luck.
391891
Neither constitutional law nor state court eviction proceedings are my bag, but here's a suggested area to look at from what I gathered.  \n\nUSC 28.89.1443 discusses removal of civil rights issues from state court to federal court.  Technically, you aren't asking for removal.  However, it sounds like the fed courts are treating the eviction proceeding as a closed state decision and, thus, your counterclaim (ie - your filing) is precluded. I don't remember the specific statute, civ pro rule or case, but federal questions can be raised at any time.  If the violation encompasses a federal question, I'd go back and essentially say 'ok, so this is a removal request because a federal question of jurisdiction over a civil rights matter that I am claiming on exists.' There might be a case under USC 28.89.1443 to support it such a removal request.  \n\nWith no knowledge of the actual complaint, opinion, etc to examine arguments, this is about all I can think of.  Best of luck.
64608
You are going to have to contact a lawyer who will put a motion forward to your local court to have the eviction stayed untill they hear your case. \n\nDo it as soon as possible and get ready to provide information as to why you should not be evicted. What did your landlord do or not do etc.
421803
sp...condemned ;) Very good advice, I would follow what they said above me about calling the gas company, and as long as you have a lease, he will have to go through the normal eviction process, which is different in every state, but if you gave him 30 days notice, put it in writing, verbal's don't mean sh** these days.
302038
I am a law student so I can offer you NO legal advice all I can do is give you my opinion it bears no legal weight whatsoever. I will have no legal consequence for anything you do with this opinion. I will not be liable for any loss, expenditure etc that you incur. If you plan to take action seek a licensed attorney. \n\nThat is a disclaimer I have to say sorry. Normally I would not reply because of it but I feel for your situation I chose to.\n\nYou might have a legal claim on implied warranty of habitability. I’m not sure what state you are in and what law they apply but most states say that the apartment must be fit for human habitation. It would be in the courts hands however, if they would find that being without electricity to the appliances that stopped working when the breaker went off made the unit uninhabitable.\n\nIf you replace anything on your own keep the receipts in some jurisdictions the court will allow you to withhold rent in the amount of the repairs that you do. Again seek an attorney’s advice.\n\nIf you are evicted there is a possibility that you would be able to claim constructive eviction. That the place was so uninhabitable that you had to leave and once the landlord makes the appropriate repairs you might be able to recover the expenses you incurred from moving out. Again seek an attorney for a valid opinion\n\nLastly and probably the first thing you consider doing; check your lease. There could be certain things promised to you or the availability within the lease for you to break it if they fall below a certain standard. If you want to you could point it out to them and state that the unit is below the expectation that they drafted.\n\nAgain, I am NOT an attorney. This is my opinion and everything stated within it should not be relied upon as legal advice. The only person who can give you good advice is a licensed attorney.
242098
I am not in NY but the standard movement to take is to go to the magistrates off and request a petition of removal.  this typically can be acquired and a 7 day removal notice will be placed.  Legal action can take more time, depends upon how much the person knows that lives in the home.  You can place also a legal 30 eviction notice through the courts and charge them rent.
105291
The laws vary wildly from city to city and state to state. For instance, in NYC, where most voters are renters, it is very difficult to evict someone. \n\nIf your tennant openly violates the terms of the contract, then you need to bring her to court. A lawyer must be hired for this, and the fee will come out of your "winnings". You should notify your tennant of your intentions and above all be very firm. If you sway or make the smallest comprimise, it would show that she holds some power over you- an obvious falsehood. Demand, Threaten, Sue- that is what you need to do.
957837
Expulsion or Eviction
510907
Here are three sites that have the Florida landlord tenant statute, summary of the laws, articles, forms, and discussion group.\n\nI am a Florida landlord tenant attorney.  Feel free to e-mail me your question.
39156
I would contact your local Better Business Bureau, an attorney, check your County office listings and see what you can find. There has to be a Slum Lord law in your city or state.
184353
I too have tried to contact these Rat B----ds... They are trying to take 99.98 out of my account. I ordered their "supposedly" FREE trial and then I get this bill for over $200.00.\nI just called the number 1-800-752-0196 and got someone who is with Oral Brite.. No idea who they are, but they said to call back tomorrow when someone will be there from Metabofuel1000.\nI guess they rotate the boiler room staff.\nLet's get a Class Action Suit going against them <grin> NOT FUNNY!\nLets keep trying to get this right.  I will be out of town until 4-10-06... Please respond to this e-mail catern200@yahoo.com\nGod Bless you all\nErnie
669249
There are ways to get rid of some listings, but not all.  \n\n\n-Get copies of your credit report at\nwww.annualcreditreport.com\n\n-Examine your report very carefully for errors.  Incorrect balances, wrong reporting dates, anything that you can use as a basis to protest the entry.\n\n-Send a protest letter to the Credit Reporting Agency (CRA) that has the report listed. They will "verify" the debt with the creditor, and must respond back within 30 days of the result. Note that "verify" only means that the creditor just has to inform the CRA it is a valid debt, and no proof or documentation is required. This is what most likely will happen. At this point you can send the CRA a letter protesting the entry, and they must put your statement on the record.\n\n-Now send a "validation demand" letter to the creditor. That means the creditor must supply copies of all bills, contracts, receipts, and anything that was used to calculate what they say you owe. The must demonstrate you have a legal obligation to pay. They have 30 days to respond.\n\nIf they do send this information, examine it carefully. If it's correct, decide if you still want to go to court. This is the information they will use to defend themselves, so if you have a case you can now take it to court.\n\n-If you do not get this information within 30 days, send a copy of the validation letter, plus another demand to remove the credit entry to the CRA, informing them that the creditor has violated the Fair Credit Reporting Act. If the CRA still will not remove the entry, you now have grounds to sue the CRA as well.\n\nBe sure to send all letters by certified mail, keep very accurate logs of when they are mailed and who you talked to. It is NOT necessary to send them by certified mail, return receipt. Your receipt will prove you mailed it, and the tracking number on it can be traced to show it was delivered. That will save you a few dollars in postage.\n\nContact me if you need more help. I am not a lawyer or credit counsoler, just someone who has been through this many times before (and still doing it!).\n\nYou are about to go to war! Knowledge of the law is your only weapon! Don't fight these guys unarmed! Read the links below.
575262
You have already served her with a 30-day to pay rent or quit and she opted to quit by voluntarily leaving the property. Instead of foreceable removal (eviction) she decided to leave of her own accord.\n\nThe next step for you is to file a money judgement agst her for the back rent. The court whill serve her with notice to appear and if your case has merit, judgment will be awarded in your favor whether or not she bothers to appear so long as service notice was good. You still need to try and locate her forwarding address or other address she can be raeched as the process server will need it for service to be completed.
315424
1. REQUEST A REFUND IN PERSON.\n2. REQUEST A REFUND ON THE PHONE.\n3. REQUEST A REFUND IN WRITTING.\n4. SUE IN SMALL CLAIMS COURT FOR REFUND AMOUNT AND COURT COST.\n5. COMPLAIN TO BBB (BETTER BUSINESS BUR.) IN WRITTING.\n6. COMPLAIN TO COMPANY CITY/COUNTY CHAMBOR OF COMMERCE IN WRITTING.\n7. COMPLAIN TO THE COMPANY'S CITY/COUNTY DISTRICT ATTORNEY'S OFFICE IN WRITTING.\n8. THREATEN TO TELL ALL 1000'S OF YOUR NEIGHBORS AND FRIENDS ABOUT THEM AND TO NOT USE THEM.
862299
A case for harassment will be thrown out of court if it is based on your eviction of the tenant for nonpayment of rent. The operative word is "res judicata": she could have brought the matter up in the earlier case.\n\nAnyway, claiming and enforcing a legal right through normal channels cannot be harassment. I am assuming this is not a "statutory tenant" under a local rent control scheme. And that you did follow legal procedures.\n\nWith difficult tenants it is always best to keep a diary, listing contacts and what was said. If you have the means (perhaps by way of telephone bills) to reconstitute such a list, it will be helpful in court if the case is not dismissed on motion (you should tell the judge at the start that you want summary dismissal as the complaint states no cause of action; if the judge agrees then the case is over before it begins). Or you could counterclaim for the stolen (or "converted") property. You probably need to serve the documents for that now. You should be able to get a blank form (or a model as used in other cases) for that from the clerk of the court.
881508
If you have been ordered to vacate your rental home because it has "toxic mold", your landlord should be paying your relocation costs and your security deposit should have been immediately refunded.  \n\nDidn't you go to legal services for help when this all started?  Why didn't you get a lawyer or legal services to cut a deal with the landlord for you?\n\nWhy do you only have "4 days"?   When is your rent paid up until?