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Need a lawyer to evict a Tenant in Fort Lauderdale Florida

There is nothing worse for a Landlord in Fort Lauderdale that has a Tenant that always pays their rent late every month. This can be very stressful for a Landlord because a non-paying Tenant will cause the Landlord to lose the income they receive from the monthly rent as well as spending money on Legal Fees and Court Costs if they decide to remove the Tenant through Eviction Proceedings. If the Landlord decides to hire an Attorney to commence an Eviction Action against the Tenant, it is important that the Landlord hire a Law Firm in Broward County that is highly adept in representing Landlords.


The Law Office of Brian P. Kowal, PA provides aggressive and experienced representation for Landlords in Broward County. While the majority of Evictions in Broward County are filed by Landlords that need to remove Tenants for failing to pay rent, a Tenant can also be removed for violating the terms of the lease that are not related to payment of the rent. The Law Office of Brian P. Kowal, PA is highly experienced in removing Tenants for failing to pay their monthly rent as well violating the non-monetary provisions the lease.
If you’re a Landlord in Fort Lauderdale Florida and have a Tenant that is either not paying their monthly rent or is violating the non-monetary terms of their lease, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.

BROWARD COUNTY FOR SALE BY OWNER

The Selling of your home in Broward County can be extremely stressful. The costs involved can seem daunting to any homeowner. Fortunately, there is way to save costs when selling your home and that process is known as “For Sale by Owner.” The math is simple. When you do not use the services of a realtor, you save the costs of paying out commission fees to your agent. Although you may have to pay a commission fee to the Buyer’s agent, you are still able to save costs.
Many homeowners believe that the only way they will be able to properly sell their property is through the use of a realtor. This is incorrect. The Law Office of Brian P. Kowal, PA will provide highly you experienced representation in the sale of your home. From the preparation of the Sales Contract to the signing of the closing papers, our firm will assist you throughout the entire process. Not having proper legal representation when selling your home can often lead sellers to overlook essential parts of the transaction. While it is important to save costs when selling your home, it is also necessary that you provide clear and marketable title to the buyer.
If you are an interested in selling your home and do not want to be represented by a realtor, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552. Allow an experienced Attorney guide you through the sale of your home.

When Buying a home in Broward County you should always be represented by a Real Estate Attorney

September 26, 2019

Purchasing a property is one of the most important investments that a person may ever make. Many times, the Buyer will go into the Process of purchasing a home solely with the guidance of a Realtor.  Although a Realtor can be beneficial in locating the home that you want to purchase, this is only a small part of the process.

After a Buyer finds a home to purchase in Broward County, a Buyer will then submit an offer to purchase the property.  Before submitting the offer, the Buyer has the option of seeking the guidance of a Real Estate Attorney in Broward County to review the terms of the offer as well as discuss with the Buyer any legal risks associated with their purchase   If the Real Estate Attorney determines that the terms of the Buyer’s offer are acceptable, the Buyer will submit the offer to the Seller. 

If the Seller accepts the Buyer’s offer, the second phase of the buying process will take place.  If the Buyer is purchasing the property in cash and is not taking out a mortgage, the Real Estate Attorney will be given the opportunity to review the Title Commitment and Lien search and ultimately review any of the paperwork that the Buyer is required to sign at the closing table.  The Law Office of Brian P. Kowal, PA is always present at every closing when they are representing the Buyer.   Our office believes that the representation of a Buyer should never end prior to a closing. 

If a Buyer is not paying for a property in cash, they will likely apply for a Mortgage to purchase the property.  In the event that the Buyer is approved for a mortgage, the advantage of retaining a Real Estate Attorney in Broward County is that a Real Estate Attorney will review all the pages of the Mortgage that the Buyer is required to sign.  This is extremely important due to the large amount of paperwork that a Lender sends to the Buyer to sign at closing.  

The Home buying process can be stressful for a Buyer.   From the beginning of the process to the closing table, a Buyer is required to make several important decisions.  If you are represented by a Real Estate Attorney in Broward County, you will be able to make these decisions with the assistance of an experienced Legal Professional that can help you with your purchase.  If you are in the Process of purchasing a property in Broward County, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552.  Our office will represent you from the beginning of the contract to the final signature at the closing table. 

Broward County Real Estate Attorney Representation for Sale by Owner

Many Sellers in Broward County decide not to utilize the services of a Real Estate Agent to sell their property but instead sell their property on their own. If a Seller decides not to hire a realtor, they will save on commissions that their Realtor will receive when the property is sold. As the Seller in Broward County is responsible to pay the commissions for both the Realtors on the sale of their home, selling their property without a realtor clearly has its’ economic benefits.

If a Seller proceeds to sell their property without using a Realtor, it is highly recommended that a Seller seek the services of a Real Estate Attorney that can help oversee the process.  The advantage of hiring a Real Estate Attorney in Broward County during a For Sale by Owner (FSBO) transaction is that the Real Estate Attorney will be able to review all the terms of the contract for the Seller and guide them accordingly throughout the process.  If the Buyer is represented by a Real Estate Agent, the Real Estate Agent will only focus on protecting the interests of the Buyer.  If a Seller is not experienced with Real Estate Transactions, there is a possibility that the Seller will make a misinformed decision during the process that could ultimately work against them. 

The Law Office of Brian P. Kowal, PA has extensive experience in representing Sellers that do not use Realtors to sell their property. If you are a Homeowner in Broward County and are interested in learning about the benefits of selling your property without the use of a Realtor, contact our office today at (954) 990-7552.

Need to file an eviction against a tenant in Lauderhill Fl

September 26, 2019

There is nothing more frustrating for a Landlord in Lauderhill Fl that has a Tenant that fails to pay rent when it is due.   Unfortunately, this happens far too often.  Therefore, it is extremely important that you hire a Law Firm that is highly experienced in removing Tenants through the Eviction Process. 

The Law Office of Brian P. Kowal, PA has extensive experience in representing Landlords in Lauderhill FL as well as Landlords throughout Broward County, Florida. Our firm understands that the Eviction Process can be both stressful and time consuming.  Therefore, we make every effort to remove the Tenant as quickly as possible at an affordable price. 

If you are a Landlord in Lauderhill FL and need to remove a non-paying Tenant, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552.  Our office is open twenty-four hours a day, seven days a week.  If you are unable to reach Brian at the office, you can always email him at briankowal@bkowallaw.com. 

Need to evict a Tenant in North Lauderdale FL

Many Landlords in North Lauderdale FL are faced with the unfortunate situation of having to remove a Tenant that has failed to pay their monthly rent. When a Tenant does not pay their rent on time, a Landlord not only loses the income they receive from the monthly rent but they also have to pay for the Eviction Process. What is the best option for that Landlord at this point? The Landlord should hire a Law Firm in Broward County FL that is highly experienced in removing Tenants that fail to pay their monthly rent.

The Law Office of Brian P. Kowal, PA handles all aspects of the Eviction Process.   While the majority of the Evictions that are processed by the Law Office of Brian P. Kowal, PA are for the removal of non-paying Tenants, the Law Office of Brian P. Kowal, PA also removes Tenants for non-monetary violations of the Lease. 

If you are a Landlord in North Lauderdale FL and need to remove a non-paying Tenant or a Tenant has violated the non-monetary terms of the lease, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.   Our office is open twenty-four hours a day, seven days a week.   If you are unable to reach Brian at the office, you can always reach him via email at briankowal@bkowallaw.com.

Need to remove my child from my property in Broward County Florida

Are you a homeowner in Broward County FL and need to remove your son or daughter from your property? Many homeowners in Broward County believe that the proper action in removing a child that does not pay rent at their home and does not have a lease is through the Eviction Process. This is inaccurate.

The proper action that a Homeowner needs to file is called an Unlawful Detainer.   It is very important that a Homeowner does not confuse an Eviction with an Unlawful Detainer.  To file an Eviction, there has to be a lease between the Landlord and the Tenant that requires the Tenant to pay rent every month.  If a lease was never signed between the Landlord and the Tenant then there has to be rent that is paid by the Tenant to the Landlord every month.  If the Tenant has failed to pay rent after receiving a three day notice from the Landlord, the Landlord can commence eviction proceedings in Court.

To file an action for an unlawful detainer, a homeowner is not required to give notice to the person that they are attempting to remove form the property.   In contrast to an Eviction Action, the person that that the Homeowner is attempting to remove does not pay rent or have a lease and is now remaining in the property without the consent of the Homeowner.

If you are a Homeowner in Broward County, Florida and need to remove your child from your property, contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552.  We will make every effort to ensure that this stressful process is handled efficiently and quickly.

Can a Landlord evict a Tenant that is withholding rent?

September 26, 2019

Many Tenants in the State of Florida incorrectly believe that they have the right to withhold rent from their Landlord if their Landlord has failed to make the necessary repairs in the property. While a Tenant does have the statutory right to withhold rent, they are still required to follow the proper procedures outlined by Florida Statute 83.56 and 83.60. Prior to taking withholding rent, a Tenant must give their Landlord a seven (7) day notice letter prior to the commencement of the next rental period that if the Landlord fails to remove the violations in the property, the Tenant intends to withhold rent. If proper notice is not given to their Landlord and the Tenant withholds rent, the Landlord can still proceed with the eviction of the Tenant.

Pursuant to the Lease and Florida Statute, a Landlord and a Tenant both are contractually obligated to comply with the terms of the lease. While both the Landlord and the Tenant are given certain rights by law, providing notice to the respective party must be complied with. If you are a Landlord in the State of Florida and have a Tenant that is constantly withholding rent because of alleged violations in the property, you can still commence Eviction Proceedings against the Tenant if the Tenant has failed to give you the required notice. Contact the Law Office of Brian P. Kowal, PA today at (954) 990-7552 to learn about your rights as a Landlord as well as your ability to remove a Tenant that is improperly withholding rent for failing to give you proper notice. Our office is open twenty-four (24) hours a day, seven (7) days a week.

When can a Landlord evict a Tenant in the State of Florida?

The Eviction Process in the State of Florida allows a Landlord to remove a Tenant when one of following occur:

(1) A Tenant has failed to pay their rent on time-When a Tenant enters into a lease with the Landlord, they are required to pay rent on a every month. If the Tenant fails to pay rent when it is due, a Landlord has the right to send the Tenant a three (3) day notice. If the Tenant fails to pay rent after being given the three (3) day notice, a Landlord can file an Eviction Action in Court. Tenants are advised to pay the amount due within/ before the time established on the written notice. A landlord is not obligated to accept money if it is less than what is owed.

(2) A Tenant has committed a non-monetary violation of the lease-While a Tenant is required to pay their rent on time every month, they still may be subject to Eviction Proceedings if they violate a provision of the lease that is not related to payment. This includes but is not limited to: Allowing someone to reside in the property that is not authorized by the Landlord, destroying the property, committing a crime in the property etc. To remove a Tenant based on a non-monetary violation, a seven (7) day notice must be given to the Tenant. The notice must provide the specific time of the violations that the Landlord claims were committed by the tenant(s). In the event that the violation is cured within the seven (7) days, no further action is needed and the Landlord will not proceed with termination. Tenant(s) will receive another notice to cure if another violation occurs within the next twelve (12) months; this second notice does not give the tenant(s) the opportunity to fix the issue.

(3) A Tenant has remained in the property after the lease has expired known as a Holdover Tenant- A Holdover Tenant in the State of Florida is a Tenant that continues to remain in the property after the expiration of the lease and is no longer in the property with the consent of the Landlord. Eviction Proceedings can be commenced against the Tenant by the Landlord and the Landlord has the right to recover double rent.
The Law Office of Brian P. Kowal, PA assists Landlords throughout the State of Florida. If you are a Landlord and have a Tenant that has either failed to pay rent when it is due, has committed a non-monetary violation of the lease, or has remained in the property after the lease has expired, contact our office today at (954) 990-7552.

Need to Cancel a Foreclosure Sale in Broward County?

June 8, 2017

After a Final Judgment of Foreclosure has been entered by the Court in Broward County or any Court in the Sunshine State, the Court will set a Foreclosure Sale Date.  This means that your property will be sold at an auction and anyone has the opportunity to purchase it.   This can be devastating to a homeowner that is trying to keep their property. 

If a homeowner has a foreclosure sale date on their home in Broward County or in any county in the state, they have the right to try and have it cancelled.   If a homeowner has their property listed and currently has a contract to sell their property, many Courts will cancel the Foreclosure Sale date and give the homeowner additional time to sell their property.  If a homeowner is currently attempting to obtain a loan modification and the Bank is reviewing their documents, many Courts will also cancel the Foreclosure Sale and give the homeowner more time to work with the Bank.  If you are a homeowner in Broward County or in the state and have a foreclosure sale date on your property, contact the Law Offices of Brian P. Kowal, PA today at (954) 990-7552.