Ep 33 – Atty John McMillan Talks Florida Evictions and Protected Classes

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For residential investors and property owners, especially those who wish to remain hands-off owners, assuming the role of landlord can be costly and strenuous for those unfamiliar with the practice of it. This is often made more difficult when undergoing tenant evictions. Confronting the near labyrinthine due process of law during evictions suits can prove a daunting task for even the most seasoned landlords.

Attorney John McMillan stops by this week to discuss evictions processes in residential real estate bayline-coverproperties and covers things to know in order to be a confident and successful property owner. With nearly 40 years of experience representing landlords, he brings with him insightful and educational resources to provide investors and owners with the knowledge and capabilities of being competent landlords. He provides the know-how to properly manage your properties and tenants, especially when handling evictions.

 

  • Florida evictions typically reached in 4-5 weeks
    • $15k properties filed in County Civil (most residential)
    • $15k or over properties filed in Circuit Civil
  • Costs of evictions
    • Filing fee – $198 + $10 for each addtl tenant
    • Svc. of Process – $45/ tenant
    • Atty. fees between $150-500
    • Extra costs for hearings and writs of possession
  • Know your rights as a landlord
    • Know service of process for evictions
    • No limit on lease length
      • longer than 1yr, leases must be subscribed under landlord by 2 witnesses
      • leases under 6 mths. subjected to sales tax in FL
  • Well-written leases are key
    • Thorough
    • Plain-English…you and your tenant should know and understand what is in the lease
    • Address potential issues in lease
  • Know your tenants’ rights
    • Fair Debt Collection Act
    • Fair Housing Act
      • Cannot discriminate against race, color, religion, sex, national origin, handicap, familial status (Protected Classes)
      • County specific classes added: Hillsborough County – age, sexual orientation, sexual identity and marital status
      • Federally-subsidized housing (Sect. 8)

For more information about landlord rights and eviction processes, contact John’s office here or by calling 813-988-5135

For lease templates and information on required language contact John directly at John@JohneMcMillan.com

 

 

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