How to Evict a Holdover Tenant in Florida

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Today I am going to discuss how to evict a holdover tenant in the state of Florida. Specifically, I am going to talk about performing holdover tenant evictions in Sarasota County. These types of evictions can be somewhat confusing because the relevant Florida Statutes aren’t clear on the process, and the local Clerk of Court typically lacks forms for these kinds of evictions.

That said, evicting on basis of being a holdover is a powerful means of removing a tenant, and is one of my preferred strategies in instances where you have an “at will” (month-to-month) tenant, or a written lease that is expiring soon. A properly set up holdover eviction affords the tenant few defenses.

So you understand where I am coming from when I write this article, I am a landlord tenant lawyer in Venice, Florida. I represent landlords throughout Sarasota, Manatee, and Charlotte counties in all manner of commercial and residential landlord / tenant matters. It is my hope that this article helps you understand how to approach a holdover tenant eviction.

For more general information on evictions, I invite you to read my general how to evict a tenant article.

The following article is for educational purposes only, is designed to provide a brief overview of the process, and should not be relied upon as legal advice. If you have questions about how to perform an eviction or holdover eviction, then please ask a landlord tenant lawyer who practices in the County where your rental property is located.

What is a Holdover Tenant?

It’s important to first understand what a holdover tenant actually is. This is important because Continue reading →

Temporary Custody by Extended Family in Sarasota County

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In some situations it makes sense for an extended family member to have temporary custody of a child. These situations are usually extremely sad, as the parents may be struggling with mental health issues, substance abuse issues, or they may be facing incarceration. The only silver lining is that a concerned family member is willing to step in and assist by taking care of the legal parents’ minor children until the parents are ready to resume their role as a parent. Often this will be the minor child’s grandparents or an aunt or uncle.

A court order providing temporary custody for an extended family member prevents the children from becoming a ward of the state, and allows an extended family member with custody to do things like secure copies of medical records, enroll a child in school, and otherwise do things necessary for the care of the child.

Temporary custody of minor children by extended family is controlled by Chapter 751 of the Florida Statutes. Continue reading →

All About Divorce Mediation in Sarasota County

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It’s estimated that 95% of all divorces get resolved outside of court. Based on my experience as a divorce lawyer I’d agree with that assessment. Most divorces, even hotly contested ones, settle. And most cases settle at mediation or as a result of mediation. There are exceptions, but in many cases a failed mediation signals a failure of the parties and their lawyers to be reasonable, or a lack of preparation prior to mediation. Sometimes there is a novel legal issue that needs to be decided by a judge, but that is rare.

Since mediation is such an important topic and an effective means of resolving a divorce, this article is going to provide information on why mediation is a good option and how mediation works. Most of this is my opinion based on my experience. As always the article is being offered for educational / entertainment purposes and is not offered as legal advice.

I have also written an article providing a general overview of the divorce process, if you are looking for a broader article. Continue reading →

How to Modify Child Support in Sarasota, Florida

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As a family law attorney, I often get asked how to modify a child support obligation. Whether one party thinks they are paying too much, or the other party thinks they are getting too little, it’s common for one or both parties to want to revisit the issue of child support.

As you can imagine, there is no one size fits all answer to this question. However, there is a basic framework that governs child support modification, and it can help you answer that question. My goal with this article is to explain that framework and give you a better idea as to how child support can be modified.

How Is Child Support Calculated?

An important question to address right off the bat is how child support gets calculated. Presumably, if you understand how child support gets calculated in the first place it will be easier to figure out how to change it. Continue reading →

Sarasota County Unlawful Detainer Attorney

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I am a real estate and landlord tenant lawyer located in Venice, Florida. I routinely assist residential and commercial landlords evict tenants in Sarasota, Manatee, and Charlotte County. I take great pride in assisting these clients get possession of their property back.

I have also removed occupants from property under a variety of circumstances that don’t necessarily fall under landlord tenant law.

Occasionally, I meet a property owner that wants to remove someone that is not a tenant.

Often this is a situation where you have invited someone into your home and allowed them to stay as a guest, only to later find out that the person does not want to leave even after you have asked them to. These are typically domestic disputes involving ex-boyfriends, ex-girlfriends, adult children, extended family, or friends.

These can be delicate situations with the root cause being alcohol and drug abuse. Unfortunately, the police are unable to remove these unwanted guests, and at first glance the legal system does not provide a clear solution for these kinds of problems, because they cannot be solved with a typical eviction.

Thankfully, there is a remedy, and I routinely represent clients in removing unwanted occupants from their homes in these exact situations. Continue reading →

How to Evict a Tenant in Sarasota County, Florida

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The following is a fairly comprehensive guide to evicting a residential tenant in Sarasota County, Florida. I am a landlord tenant lawyer in Sarasota County, and I wanted to create this resource for individuals who would like to learn more about how to evict a tenant.

It is important to stress that this article is for information purposes only, and is not legal advice. What I’m doing here is providing a general overview of the process. The reality is that filing an eviction is filing a lawsuit, and each step in the process could easily merit it’s own article describing the details. Your best bet is to consult with a lawyer. Failing to follow all of the steps correctly could result in your eviction getting stalled or thrown out.

With that out of the way… Continue reading →