“We know that time is money.”

The residential eviction process in Florida requires careful and full compliance with Florida law. Simply put the residential landlord business can be tough. At Campione Law we know that every situation is unique and needs individualized attention. Most importantly we know that time is money. We can help you or your business navigate the legal landmines that plague even the most seasoned landlords. Mr. Campione has spent years working on Landlord/Tenant matters, often on his own properties, which gives him a special insight as to how to quickly and legally remove a tenant from the property. Through legal means there are sometimes alternative ways to have a tenant voluntary vacate a property thereby saving you time and money.

QUIET TITLE ACTION

Most people that buy property at a tax deed auction or from the list of lands available do so for purpose of making money. This is usually accomplished by leasing the property or selling the property for a profit. This discussion will focus on the latter.

Your successful bid at a tax deed auction will earn you a “Tax Deed” from the county in which the property is located. That Tax Deed entitles you to possession of the property but it does not provide you with marketable title.  Marketable title is title free from reasonable doubt or any sort of threat of litigation.  The Statute of Limitation for a prior interest holder or owner to challenge your tax deed is four years.  Therefore, title insurance companies will generally not issue a title insurance policy on a tax deed resale within the first four year after the tax deed sale date due to the potential threat of litigation.  However, all hope of selling your property within the first four years is not lost.  The completion of a Quiet Title Action will solve this dilemma.

An Quiet Title Action (QTA) is a lawsuit brought for the purpose of establishing your title to real property against anyone and everyone, and thus “quiet” any challenges or claims to the title. A quiet title action will remove clouds on the title so that you will have marketable title and can freely convey your property for top dollar.

At Campione Law, we pride ourselves on our quick turnaround time.  Our Quiet Title process takes approximately 8 -10 weeks for an uncontested action.  We also boast the best prices in the industry and offer volume discounts for our frequent flyers.  Call today for a free consultation.

NUISANCE LIEN ABATEMENT

Many investors are unaware that certain local governments provide programs to reduce or eliminate nuisance liens and administrative fines (rolling fines).  Access to these programs often provide our clients a competitive edge on fellow investors that do not know how to navigate these programs. Our attorneys at Campione Law are intimately familiar with these programs and can process your claim.  From negotiating with city officials to preparing your application our expertise will ensure that the value of your claim is maximized and processed in timeliest manner possible.  For a flat fee we will can help reduce or eliminate your liens/fines today!

EJECTMENTS

Tax deed properties are often occupied by prior owners or tenants at the time of purchase.  Without proper representation dealing with these holdovers can be difficult and overwhelming.  We often receive clients that have been improperly advised to file an eviction or some other legal action.  We have experience in these matters and can often achieve results much faster than the industry standard.

A title defect can be a pesky problem that may keep you from being able to sell your property or from receiving the full value of your property. We know how to clear these defects and get you marketable title! We offer some of the fastest turnaround times in the industry. We also offer prices that are a fraction of what our competitors charge. Bring us your title problem and we will work diligently to find the solution.

Our number one goal is to offer effective and affordable representation to both increase your bottom line and minimize your potential liability.  We can assist landlords by forming and negotiating lease agreements, providing legal notices, removing and seeking damages from destructive tenants.  We also offer consulting services to landlords and investors on the newest trends and laws affecting this area of the law.

For purposes of expediency and efficiently it is important to understand the proper action that should be filed to remove an unwanted person from your property.  It is a case by case basis and will depend heavily upon the facts surrounding their habitation of your property.

EVICTION

An eviction action is most common removal action and is governed by Chapter 83 of the Florida Statutes.  Evictions only apply to situations where a landlord-tenant relation exists.  This is provided for by an oral or written agreement, to pay “rent” in some form.  In the event the tenant fails to perform in accordance with the agreement, an eviction can be filed, seeking to remove the tenant.  There are procedural pitfalls and statutory guidelines that if not followed could result in delay, or worse, your action being dismissed.  Further, there are additional nuances that must be considered if you as the landlord are attempting to collect past due rent or damages.

EJECTMENT

These are often applicable in tax deed situations.  When a person refuses to leave a certain premise and the refusal is predicated upon an assertion, whether frivolous or meritorious, that said person has some interest in the property that transcends mere “possession” an ejectment action is necessary. An ejectment action is governed by Chapter 66 of the Florida Statutes and is filed in circuit court.  Ejectment action are often costlier and slower than an eviction or unlawful detainer action, as summary procedure is not applicable and many judges are unfamiliar with the type of action.

UNLAWFUL DETAINER

An unlawful detainer action is very similar to an eviction but is used in situations were a landlord/tenant relationship does not exist.  In essence, this cause of action applies to situations where friends, family members, significant others, or other persons are permitted to lives at a premise, with no obligation to contribute monetarily or otherwise, and then refuse to leave once they have overstayed their welcome.

Two common examples:

A boyfriend or girlfriend living with one another in a property owned by one with no formal obligation of the other to cover household costs or rent decides to part ways. The non-owner party refuses to leave. Now what…… the owner must file a wrongful detainer action.

A family member or adult child lives with his/her parents or relatives. They have overstayed their welcome and now refuse the leave.   Now what…… the parent or relative must file a wrongful detainer action.

Real Estate Trusts are a great way to protect your real estate assets and minimize your personal liability. There are many other benefits to owning your properties in a Real Estate Trust and our team would be happy to discuss these many benefits with you. We can facilitate these types of transactions and set up your Real Estate Trust today!