IN THE CIRCUIT COURT, SIXTH JUDICIAL CIRCUIT
IN AND FOR
ADMINISTRATIVE ORDER NO. 2006-070 PI-CTY
RE: UNCONTESTED
RESIDENTIAL TENANT EVICTIONS
The
procedures for uncontested residential tenant evictions in
Nonlawyer property managers are
authorized to complete, sign and file complaints for eviction and motions for
default as well as to obtain final judgments and writs of possession. In re Nonlawyer Preparation of and
Representation of Landlord in Uncontested Residential Evictions, 627 So. 2d
485 (
ORDERED:
1. In order for a property manager to file a complaint on behalf of a landlord for uncontested residential eviction, the property manager must attach to the complaint the landlord’s written authorization for the property manager to act on the landlord’s behalf. This authorization must be limited to the completion, signing, and filing of the pleadings necessary to evict a tenant for the nonpayment of rent.
2. Any authorization attempting to permit a property manager to serve as a plaintiff in an eviction action or to seek recovery of past rent due is invalid.
3. Any complaint filed by a property manager must be brought by and styled with the landlord as the plaintiff and signed by the property manager as “property manager for the plaintiff.”
4. A residential tenant eviction shall be deemed contested if a hearing is required. Once a residential tenant action becomes contested, the landlord must either represent himself or herself or be represented by an attorney.
5. A “property manager” means a natural person or corporation retained by either an individual or corporate landlord to be responsible for the rental and management of the subject residential property on a day-to-day basis. Such day-to-day responsibility is evidenced by, but is not limited to, renting of units, maintenance of the rental property, and collection of rent.
6. The Clerk of the Circuit Court shall make available an instruction sheet consistent with this Administrative Order.
7. The Clerk of the Circuit Court has prepared a package of forms for use in residential eviction proceedings which the Clerk shall make available upon payment of the applicable fee.
8. In the event a petition is filed that does not comply with the above requirements, the Clerk shall immediately forward the matter to the assigned section judge.
Administrative Order No. 95-10 is hereby rescinded.
DONE AND ORDERED in Chambers at
_________________________________
DAVID A. DEMERS, Chief Judge
cc: All Pinellas
Judges
The Honorable
Bernie McCabe, State Attorney
The Honorable
Robert H. Dillinger, Public Defender
The Honorable Ken
Burke, Clerk of the Circuit Court,
Carol Heath, Director, Court Services, Pinellas
County Clerk’s Office
Gay L. Inskeep,
Trial Courts Administrator
Bar Associations,
Law Libraries,