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House of Representatives Unanimously Passed Bill 1790
April 23, 2008
House of Representatives Unanimously Passed Bill 1790
Eviction Filing Fees To Rise From $75 to $265!
Can You Help Stop This?
Both the House and Senate have passed Bills but it appears each version is different in some ways and a Conference Committee has been formed. It's not too late . . . but almost. Remember, only eviction fees were raised so significantly. The next highest fee increase for all other Court Fees effected is $45.00. Why?
The Law Offices of Heist, Weisse & Lucrezi, P.A. have provided the following. Read it and act today!
What Happens If The Fee Increases?
EVICTION COSTS: Evictions costs will likely triple. Worse, if Sheriffs increase their fees as expected, the cost of an eviction could quadruple.
PROFITABILITY: Landlords are not even close to breaking even now, given the increase in taxes and insurance. Most are losing money. Investment in rental property has all but halted. SB 1790 will be the last nail in the coffin.
DIRECT FINANCIAL IMPACT: Landlords rarely recover the lost rent and damages, not to mention recovering the attorney's fees and costs. This increased cost will directly impact the landlord and the tenant by decreasing affordable housing in Florida.
ATTORNEYS FEES WILL RISE: Attorneys statewide typically experience some amount of bad debt from their landlord clients. Attorneys like us advance all costs in most cases for the landlord and have to absorb them when there is bad debt. Attorneys will be forced to raise fees for everyone to cover the increased bad debt. SB 1790 will create a snowball effect, hurting all landlords.
STIPULATIONS WILL STOP: When a tenant wants to pay to stop an eviction and enter into a stipulation, the tenant will now be faced with paying a LOT more, resulting in them moving or becoming homeless. Paying an extra $200.00 or more will break a tenant who is already at the end of the rope. Social services agencies, the last safety net, will run out of money fast. Charities and government agencies will not be able to bear this cost when helping tenants and tenants will become homeless.
IMMEDIATE ECONOMIC IMPACT: With the $185.00 increase in filing fees, Florida landlords will pay almost $30,000,000 more in eviction filing fees alone each year. This is in addition to the increased attorney fees, lost tenants due to failed stipulations, and lost social services money.
The Bottom Line:
If a landlord wants to sue a tenant to get possession only, (a one count eviction), keep the filing fee at the current amount of $80.00. The amount of court resources needed for a one count, possession only eviction is minimal compared to other cases.
We Suggest Senators and Representatives Make These Changes:
For eviction cases that seek possession only, keep the fee at $80.00.
For eviction cases that include a lawsuit for back rent, make the fee proportionate to the rent asked for in the complaint.
CONTACT YOUR LEGISLATORS AND PROFESSIONAL ASSOCIATIONS NOW
TELL THEM TO KEEP EVICTION FEES AT $80.00! DEFEAT SB 1790
Best regards!
Paul Howard
President, Florida Landlord Network
Email: paul@FlaLandlord.Com
Website: www.FlaLandlord.Com
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