I am a landlord tenant lawyer in Venice (Sarasota County), Florida. I represent clients in Sarasota, Venice, and the surrounding area. As a landlord tenant lawyer, I file a lot of evictions, and I also defend tenants who are being wrongly evicted. I have put together a couple articles on evictions, including a general overview of the entire eviction process, and an article on holdover evictions as well.
In this article I want to discuss the cost of evicting a tenant in Sarasota County.
Court Costs / Expenses
This section is subject to change, but as of the time of writing this article the court costs of an eviction in Sarasota County are:
- Filing Fee – $185
- Summons – $10
- Service of Process Fee – $40
- Writ of Possession – $90
That brings us up to a grand total of $325 in costs. These costs are set by the Clerk’s Office and Sheriff’s Office, are entirely out of my control, and are subject to change.
Of course, if you are outside of Sarasota County these numbers are very likely to be different.
Attorney’s Fees
Most of my clients want to know up front what it will cost to hire a lawyer handle their eviction. That is a perfectly legitimate question and I am more than happy to answer it. However, I do have to fall back on my default lawyer answer of “it depends.”
Lawyers will typically work on evictions for a flat fee, on an hourly basis, or some sort of hybrid arrangement. Everyone is different and every case is different. Typically, if the eviction is uncontested (the tenant doesn’t respond), I would expect a client to pay around $500 for the lawyer’s time. This includes the initial consult, preparing and filing the 3-day notice, drafting and filing the suit, and preparing and sending in a default packet. If the tenant responds and the lawyer is able to dispose of the case without having a hearing I’d say that the legal bill will likely climb a little higher (say around $700). If the lawyer has to attend one or more hearings you are likely looking at $1,000+, although none of these numbers are set in stone and it all depends on the arrangement between attorney and client and the amount of time involved.
Some clients want a flat fee for everything, and I’m happy to quote a flat fee for everything. Others want to hedge their bets and have the lawyer work hourly, and I’m ok with that too. Personally, for a flat fee I’ll usually quote $900 plus the costs, and for hourly work I will typically ask for a $500 or $600 retainer plus the costs. Again, these numbers aren’t set in stone and each case is different.
Recovering Attorney’s Fees from the Tenant
I do my best to recover court costs and attorneys fees for all my clients in all of my eviction actions. Again, each case is different and there is never a guarantee that the Court will award costs and fees. Even if there is an award of costs and attorneys fees, there is no guarantee that you will actually be able to collect those fees from your tenant (that issue is governed by the rules of creditors rights in Florida).
I like to discuss these issues up front with every client in the initial conversation. It’s important to judge the collectability of the tenant when deciding how much effort to put towards recovering costs and fees.
The Cost of an Eviction – Final Thoughts
This article was short, but I hope it got to the heart of the matter and answered your question. If for any reason you have further questions about evictions, or any other real estate / landlord tenant law questions, feel free to contact my office by phone at (941) 882-4367 or via email and dan@danpolicastrolaw.com to discuss your case with me. I am more than happy to help evaluate your case.
