When a landlord should hire an attorney

A property owner generally does not need an attorney to file an eviction complaint or to represent it in court. Florida law allows landlord agents, such as a real estate agent or property manager, to file simple eviction lawsuits. These officers are limited to filing the complaint for possession only. If damages are sought or if the tenant contests the case, the landlord must represent himself or hire an attorney. Also, if a hearing or other arguments are required, the landlord must do it himself or hire an attorney.

A corporation cannot represent itself in court. If the landlord is a corporation, LLC, or some other entity, the landlord will need an attorney to file an eviction lawsuit, for reasons other than possession, on their behalf. If a court hearing is required, only an attorney can represent the corporation. Many landlords are unaware of this rule and end up dismissing their claims and paying the tenant’s attorney’s fees. The bottom line is that if the lease includes a corporation as the lessor, the landlord must get an attorney to represent the corporation.

Some tenant attorneys will take cases when they find that the landlord’s court filings are technically flawed. If the tenant gets an attorney, the landlord should seriously consider hiring an attorney as well. An experienced attorney with reasonable fees could mean the difference between losing a case and paying the tenant’s attorney’s fees and getting the tenant evicted in a timely manner. All homeowners must weigh the pros and cons of proceeding without an attorney.