Can an authorized agent handle an eviction for non-payment of rent?
Property Manager: In 1992 the Florida Supreme Court ruled that a property manager also had standing to file an eviction if:
1) the eviction is residential
2) The eviction is for nonpayment of rent. This means the manger may not file an eviction for breach of lease or holdover. See Heneo v. Hammer, 18 Fla. L. Weekly Supp. 1179 (Orange County 2011).
3) The eviction is for possession only and does not request a money judgment
4) the eviction is not contested. An eviction is considered “contested” if a hearing is required. Florida Bar Advisory Opinion 627 So.2d 485 (Fla. 1993). If an eviction is contested the Plaintiff must hire a lawyer.
5) The property manager must have written authorization from the owner. If there is no written authorization or the authorization is found to be forged, the case will be dismissed and the tenant entitled to fees and costs. If the court finds the authorization was forged, the manager could be held in contempt of court and fined or jailed.
The property manager may sign the 3 day notice, complaint, and motion for default. A property manager may use ONLY Florida Supreme Court issued forms.