12. March 2012 by Kristian Alekov.

Chapter 83 of Florida Statutes provides the steps to follow in an eviction case. The following information is to assist you with what documents must be filed and the costs involved in a simple eviction case.

The filing fee, payable to the Clerk of Court, is usually around $98.00, but varies between counties. Payment may be in the form of cash or personal check with proper identification.

Below are included the basic forms necessary for evictions for non-payment of rent. This short summary of the legal procedure is targeted toward regaining possession of your property. It does not address the payment or recovery of back rent and damages owed to you.

Step One: Prepare and Serve Three-Day Notice.

Before filing a Complaint to recover possession, a landlord must serve a Three-Day Notice demanding payment of rent or possession of the premises within three (3) days (excluding Saturday, Sunday, and legal holidays) after the date of delivery of notice. After the expiration time on the service of the Three-Day Notice you may proceed with filing the Complaint for Eviction. (Remember how we count the days.)

Step Two: Complaint  & Summons

Prepare Complaint: The landlord shall file the original Complaint and sufficient copies of the Complaint for each tenant with the Clerk. The Court must also receive a copy of the Three-Day Notice and a copy of the lease, if one exists. You must also attach a copy of the notice and lease to each copy of the Complaint. The Complaint must be signed in the presence of a deputy clerk or must be notarized by a notary public.

Issuance of Summons: After the Complaint is filed and the fee paid, the Clerk will issue an Eviction Summons/Residential. A copy of the Complaint, three-day notice, and lease (if one exists) will be attached for service on the tenant. The Sheriff or a private process server can serve this Summons.  The Sheriff’s fee is usually around $20.00 per tenant and must be in the form of cash or money order. Other Florida counties may vary. If paid by cash, you must personally deliver the Summons to the Sheriff’s Office, Civil Processing Department. Private process server fees vary and you would contact them directly.

Certificate of Mailing: If the tenant cannot be reached either personally or by substitute service, the summons can be served by posting (attaching to a conspicuous part of the premises). If this occurs, the landlord must request that the Clerk mail the notice to the tenant by Certificate of Mailing.

Step Three - Day in Court

Answer by Tenant: The tenant has five days (exclusive of Saturdays, Sundays and holidays) after service of the Summons to file an answer. If an answer is filed and monies are deposited, the landlord must contact the Court to schedule a hearing.

Default:

If the tenant fails to answer the Summons, the landlord may file a Motion for Default by Clerk/Default and proceed with obtaining a Final Judgment for Possession and obtain a Writ of Possession

The Clerk is authorized to enter a Default at the end of five days after service is obtained upon the tenant. Upon the default being entered by the Clerk, the Judge will then review the file and enter the Final Judgment for Possession and direct the Clerk to issue the Writ of Possession.

Furnish the Clerk with an original Final Judgment for Possession and a copy for each of the tenants and yourself. You must also furnish the Clerk with pre-addressed stamped envelopes to the tenant(s) and yourself for mailing the conformed copy of the Final Judgment. The Writ of Possession should be presented to the Clerk for issuance.

Step Four: Wrapping it up

After entry of the Judgment, the Clerk will issue a Writ of Possession to the Sheriff describing the premises and commanding him to put the landlord in possession after 24 hours’ notice conspicuously posted on the premises. The Writ must be served by the Sheriff. The fee payable to the Sheriff is around $70.00 by money order, check or cash. If cash, you must personally deliver the cash and the issued Writ to the Sheriff. The Clerk cannot accept cash payment for the Sheriff.

Please remember that RHOL and Court Clerks are prohibited from giving specific legal advice. If you have any doubts about your ability to file an Eviction on your own behalf, you should seek legal advice from an attorney.

The Clerk’s office is usually open Monday - Friday from 8:30 am until 5:00 pm. Check your phone directory for the direct phone number.

The County Judge’s phone number for setting any hearings is also listed in the phone directory Ask for the Judge assigned to your case.

Florida Forms 

You must furnish the appropriate number of copies as stated or your case cannot be filed. Copies may be purchased from the Clerk for a fee.

Three-day Notice to Tenant/Demand for Payment or Possession  PDF  Word

One tenant  - Original and 3 copies
Two tenants - Original and 5 copies

If there is a written lease

One tenant   -  Original and 3 copies
Two tenants - Original and 5 copies

Eviction Complaint  PDF  Word

One tenant  -  Original and 3 copies
Two tenants - Original and 5 copies

Eviction Summons-  Five (5) day/ eviction only  PDF  Word

Original Summons for each tenant and two copies for each tenantCertificate of Mailing  PDF  Word

Original and a pre-addressed stamped envelope for each tenant

Motion for Default by Clerk   PDF  Word
      to be used if tenant does not answer

Original only, no copies required.

Motion for Default by Court  PDF  Word
to be used if tenant files an answer and rent money only

Original Only,  no copies required

Notice of Hearing  PDF  Word

One tenant, 1 copy
Two tenants, 2 copies

Affidavit of Costs   PDF  Word

Original only -  no copies required

Final Judgment of Possession  PDF  Word

One tenant - Original and 1 copy
Two tenants - Original and 2 copies

Self addressed stamped envelopes to Landlord and all tenants

Writ of Possession  PDF  Word

Regardless of number of tenants -Original and 2 copies with $70.00 (varies from County to County) check or money order made payable to sheriff.

Brought to you by Affinity Title, Fort Myers, FL, your Short Sale Expert!

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2. March 2012 by Kristian Alekov.

Did you ever see the movie, “Money Pit,” with Tom Hanks and Shelley Long?The storyline is Walter Fielding and Anna Crowley have to start looking for a new house, but there’s not much they can afford. This soon changes when they meet a lonely old con artist who sells them a beautiful mansion at a ridiculously low price. Only there’s a catch. The second they move into the house it falls apart, starting with the stairway collapsing to the bathtub falling through the floor to eventually the chimney falling into the house. Finally, they have to renovate the house before the frame collapses but the renovations also prove to be a disaster. Toward the end of the movie, the couple is left hopeless, broke, and with a house that is in ruins. While this is only a movie, stories like this happens everyday in real estate investing.

Since failed real estate investments are no laughing matter unless they are seen on the big screen, avoiding disaster is the key to success in real estate investing. You start doing this on day one when you begin to browse properties looking for the perfect opportunity. But even the perfect opportunity can turn sour if you don’t know how to avoid mistakes during the renovation process.

The number one renovation mistake made in real estate investing is hiring an incompetent contractor. You should always check and double check references, but more importantly you should make sure that you can communicate with your contractor.

Another common real estate investing mistake that is commonly made during the renovation process is to take on too many structural changes. These changes usually don’t earn a great return on your investment and they drain the budget and eat up valuable time. It’s true that removing a wall or two can really open up a floor plan and make your property sell quickly. These are the types of structural changes that you should go for while avoiding ones that serve no purpose.

You should always stay true to a home’s style when renovating for the purpose of real estate investing. This means that you should avoid putting a New York City loft in an Arts and Crafts bungalow. Keep in mind that people who look to buy a house of a certain style want that house to be true to character. Therefore, don’t change the character of the house during renovations. Enhance it instead.

When renovating a house that you wish to sell to someone else, you should strive to make the changes neutral and impersonal. Avoid infusing your personality and decorating tastes into an investment because they might not be tastes shared with your potential buyers.

The renovation process is where you make the money in real estate investing, but it is also where you can lose a great deal of money. Strive to stay on schedule and on budget, and don’t be afraid to ask others for their opinion before you make any final decisions.

This post brought to you by the good folks at Affinity Title. We would love to have you follow us on Facebook.

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2. March 2012 by Kristian Alekov.

When you put your house up for sale, consider yourself lucky if you are able to close a deal within 5 to 6 weeks. More frequently houses stay on the market for calendar months without any offer and the owner is later compelled to reduce the value simply to recover from the whole process.

To sell your house fast, the first thing you need to is obtain the services of a reputable real estate agent. An exceptional realtor understands how to market your house. Also, follow these tips from your friends at Affinity Title and you’ll have the opportunity to sell your house fast:

1. Set a Suitable Price — The most essential factor in trying to sell a home easily is to price it right. It’s strongly recommended to begin with the average price in the area instead of beginning with the wanted net gain. The latest selling prices as well as the fair market value can really help you determine the right selling price of your house. Don’t anticipate selling for a lot more than the average price in the neighborhood.

2. Organize your Property — Make your property more attractive before you decide to start showing it. Make your house look its absolute best from the beginning by producing the necessary repairs and by sprucing things up. A more appealing house is a more sellable house.

3. Get Ready to Display the House Any Time — It is important that your property should look as close to move-in state most of the time. Pack up the junk and carry out a thorough home cleaning. Litter and junk will decrease the probable value of the home and distract the purchaser’s interest.

4. Provide Incentives — Incentives are very good alternative to reducing your selling price. For example, an offer to protect closing costs might help a striving customer come up with a down payment. You may also provide decorating allowance or incorporate household goods and appliances in the purchase price.

5. Fade Into the Background — When the property is being exhibited, keep a low profile. If you have sought the aid of a realtor, enable him or her to carry out the selling. If you happen to be carrying out the selling all by yourself, be there to answer important questions and conduct a quick tour, yet give customers time to be alone to check out the house.

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2. March 2012 by Kristian Alekov.

Not very many people know about title insurance the way they may about other, more common types of insurance—life insurance, home owners insurance, car insurance, health insurance, etc.  Title insurance, however, is a type of insurance that anyone that owns property will, whether they know it or not, be forced to purchase.

There are a number of myths that surround title insurance and the good folks over at Affinity Title are here to “bust” some of these common myths.

Myth #1.  Title insurance only covers the bank or lender.  Yes and no.  There are 2 types of title insurance policies.  One of the policies covers the lender (known as a “Loan Policy”) and another separate policy covers you, the buyer (known as an “Owner’s Policy”).  Also see Myth #3.

Myth #2.  If I refinance, I don’t need to get a new title insurance policy.  As the buyer, you will not need to get a new insurance policy if you refinance your loan. Once you purchase an Owner’s Policy, you and your heirs will be protected as long as you have an interest in the property.  However, when you refinance a loan, you are getting a brand new loan and the lender will require you to purchase a new Loan Policy when refinancing.

Myth #3.  Title insurance is required when buying a home. When purchasing a home, the lender will require that you purchase a Loan Policy and that cost is typically included along with all of the other costs associated with purchasing your home.  You aren’t, however, required to purchase an Owner’s policy—although it is highly recommended that you look into doing so.

Myth #4.  Title insurance will protect the value of my home. Title insurance only helps in the event that there’s a claim that comes up against the title of the home.  It doesn’t prevent the loss of marketability of the property due to a title claim.  If a claim arises, you will most likely not be able to sell your home until the claim is settled.

Myth #5.  I have to go with the title insurance company my escrow company and bank use.  This is not true.  You have the right and option to seek out and research the wide variety of insurance carriers to write your title insurance policy.  While it may seem convenient that the lender or the escrow companies already have an insurance agency that they work with, keep in mind that they are not always looking to find you the best rates available and may have their own financial interests in mind.

Myth #6.  Title insurance is expensive.  Premiums for a title insurance policy are calculated differently based on where you’re located and some regions the policy covers certain costs and in other regions, it does not.  Unlike other types of insurance, title insurance has a one-time premium that is paid at the time of closing escrow and is typically calculated as a percentage of the price of the property.  This rate varies and your title insurance agency should have this available to you before purchasing a policy so that you can make an educated decision when choosing a title insurance company.  Keep in mind that while title insurance helps protect you from the “what ifs” against the title of your property, it will be far less expensive to you to get the policy than to pay out the attorney fees and court costs associated with defending your property’s title should a claim arise against your property.

Myth #8.  I don’t need title insurance. Whether you need title insurance or not, your lender will make sure that they are covered in the event that a claim comes up against the title of your home or property.  You don’t “need” to purchase an Owner’s Policy, but given the fact that your home may be one of your most valuable assets, it would be wise to spend the extra money upfront to pay the one-time premium to help with the costs associated in case something does come up.  The cost involved in defending your property’s title if something does come up isn’t just limited to attorney fees or court costs, but there’s also the costs associated should you have to sell your property, find another home, move somewhere else, etc.

If you are looking to buy a home or want coverage to help you protect any real property you may currently own from any title claims in the future, contact Affinity Title today to get a quote.  Like many things in life, title insurance is one of those things you don’t realize you need until it’s too late!  So, Affinity Title today!

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2. March 2012 by Kristian Alekov.

Wondering how much title insurance costs? Well the short answer is that title insurance costs vary from state to state. From vehicles to homes, insurance agents specialize in this information. As customers, we tend to pay what is required. Even with the fiscal crisis, there has been no significant reduction in title insurance rates. Although incentives are available, they normally entail a certain criteria. While some qualify, most drivers simply cannot meet the requirements.

Therefore, we end up paying exactly what is needed. As you browse for better rates, keep in mind that specific costs will not change. Title companies for offering services assess the basic insurance rates. These rates can also rise at the company’s discretion. So, in order to secure our vehicles, we continue to pay for expensive titles and services.

Despite the rate hikes, the average cost of home title insurance ranges from $1,000-$2,500. This is based on average closing fees for first time home buyers. Title companies can also charge different rates based on their needs. They, however, still have to furnish these rates to the insurance commissioner. Although this varies from state to state, it is a way to prevent rate gouging. For home buyers, title insurance costs are based on the following:

• Home Lender’s Policy – This policy is designed to protect lenders during title disputes. It also counters any losses and additional costs.
• Home Owner’s Policy – This policy is designed to protect homeowners during title disputes. It may cover legal fees and associated costs, along with full home value coverage.

While average title insurance rates exist, they can always be modified. One way to secure a lower rate is by conducting an extensive search.

How can I compare title insurance quotes?

Title insurance companies are available on the Internet. From basic fees to enhanced services, you can access a wide array of quotes. It is always good to compare rates, so you know what competitors are offering. Whether you seek title insurance for cars or homes, obtaining multiple quotes works best. Several sites even offer free quotes for your convenience. Simply input your information to receive current information.

If available, you may even customize your search preferences. This includes local or regional searches, along with specified types of title insurance. When conducting your search, avoid sites that charge for title insurance quotes. These can be accessed for free, and should not consist of any costs.

Title insurance quotes also provide company information. Although details are limited, you can effectively compare their services. Some sites have market ratings and client testimonials. This is based on overall service, along with the best title rates possible. If you like a certain quote, simply select it and proceed. It is important, however, to notify your insurance company of any changes. Failure to do so can lead to delays in coverage.

A great way to compare quotes is by searching from state to state. Since states differ in title insurance coverage, you will see where your state ranks. Expensive states naturally have expensive title insurance. If you live in one of these states, you still have several options available.

How does customer feedback affect title insurance quotes?

When searching for title insurance quotes, customer feedback is very helpful. With precise insight, they can let you know how good or bad a company is. Although the decision is yours, this can still be a useful source, especially if you are undecided.

Another way is by reviewing company ratings. From complaints to client testimonials, you can utilize these resources to make an informed decision. For a listing of official complaints, contact your state’s insurance commissioner.

To access title insurance quotes, please click HERE.

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25. February 2012 by Kristian Alekov.

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4. February 2012 by Kristian Alekov.

You may be asking yourself, how can I rent my house? There are a number of ways in which you can find prospective tenants and rent your house within a competitive real estate market. There are two primary ways to rent your home—rent your house yourself or hire a property management company that specializes in home rentals.

When you rent your house without professional help, you can focus on finding prospective tenants by placing ads in the newspaper or online, including Craigslist, Pennysaver, and RealRentals.com. You can also post signs around the neighborhood that let the community know that your home is for rent, in case they have friends or family that might want to move. This direction can conserve money but not time.

The second way to rent your house is by using a company that specializes in home rentals and can find and screen prospective tenants through aggressive marketing campaigns. They can also handle all the other aspects of home rentals, including walk-throughs, credit checks, lease agreements, rent collection, and maintenance. These professionals have a better understanding of the real estate market, but they do take a percentage of the monthly rental income in return for this experience.

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3. February 2012 by Kristian Alekov.

A beach vacation rental can come in all shapes and sizes, making it an accessible vacation idea for just about anyone, including couples, families, and groups of friends. There a number of beach vacation rental ideas to select from across the United States and even in the Caribbean and other sunny getaway locations. From Southern California and Hawaii to the hot Miami beaches and relaxing South Carolina coastline, a beach vacation rental can be a small cottage, luxurious beach house, or a condominium or apartment facility with a host of other amenities.

Most of the beach vacation rental options come fully furnished and stocked with kitchens and all the utensils and cooking equipment, washers and dryers, entertainment, and linens. All of these creature comforts make these vacation rental homes feel like a home away from home. For further amenity choices, which are especially great for singles or couples, a beach vacation rental condo or apartment usually also offers a pool, spa, barbecues, fitness centers, and even nightclubs.

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2. February 2012 by Kristian Alekov.

Along with the additional space, comfort, privacy, and overall ambiance of staying in Miami home rentals or apartments for your vacation, you may even save money. Skeptical? Visit one of the wonderful websites, like Rentals.com, to see what’s available in the areas you want. You’ll probably find the vacation home you’re craving. Here are a couple of real examples of what you might spend for the added space and comfort:

• 3-bedroom, 2-bath fully furnished waterfront home with your own pool. You can rent this beautiful home for $1,000 to $1,500 per week (depending on the time of year).
• Luxury condo with 2 bedrooms, 2 baths, on the water, and even with maid service, rents for $1,239 to $2,593 per week (depending on the time of year) with exquisite furniture and all popular amenities.

This is merely a quick sampling of the properties that you’ll find when you search Miami home rentals or Miami apartments for rent. There are, of course, many luxury hotels and resorts available where the sun is, but if you’re traveling with your family or another couple, look at real estate Florida for some excellent house, condo, and apartment listings that may help improve your hours when not on the beach, boating, shopping, or exploring.

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1. February 2012 by Kristian Alekov.

People often don’t think of renting a home instead of going to a hotel or resort, but they should. For example, Miami home rentals are plentiful and offer a wide range of amenities and benefits that are often unavailable at many hotels and resorts. Here are some advantages and benefits you might enjoy with Miami homes for rent instead of staying in a hotel room.

• Privacy. Even those who love traveling for vacation and business often cite the lack of privacy as a consistent negative. Check out Miami homes for rent for vacation rentals that might give you the privacy you want at reasonable cost.
• Kid-friendly environment. If you’ve traveled with one or more young people, you are already aware how claustrophobic a hotel room can become. Whether you decide to focus on Miami apartments for rent or Miami home rentals, you’ll learn about those vacation rentals that might be the most kid friendly.
• Pet friendly. Should you have one or more “furry kids” you want to take with you on vacation, homes for rent Miami might be a better choice than the best resort you can find. Not all Miami home rentals will accept pets, but many may roll out the red carpet for your four-legged family members.
• Comfort. While there are many wonderful and luxury hotel and resort choices in Florida, Miami home rentals may offer you an even higher level of comfort. You might enjoy the ability to really “spread out” instead of being confined to a hotel room or small suite.

You may be surprised that the cost to rent a vacation home is often comparable to – sometimes even less than – the cost of an upscale hotel room. Renting a vacation home for a full week may cost you only $140 to $250 per night. Having a whole house, condo, or apartment for your vacation might make it the best ever.

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