Pursuаnt to rule 10-7.1(b) of the Rules Regulating The Florida Bar, Doris A. Bun-nell petitioned The Florida Bar Standing Committee on the Unlicensed Practice of Law (the Standing Committee) for an advisory opinion on the following question:
Whether it constitutes the unlicensed practice of law for a property manager, with or without a power of attorney, to draft and serve a Three Day Notice, draft and file a Cоmplaint for Eviction and Motion for Default and obtain a Final Judgment and Writ of Possession for the landlord in an uncontested residential eviction and, if so, whether the practice should be authorized.
Wе have jurisdiction to review the proposed advisory opinion pursuant to rule 10-7.1(g) of the Rules Regulating The Florida Bar and article V, section 15, of the Florida Constitution.
After a hearing on the matter, thе Standing Committee determined that there is confusion among judges and property managers around the state regarding a nonlaw-yer’s participation in a residential eviction. In light of this confusion, the Standing Committee voted to issue the proposed opinion. Citing to The Florida Bar v. Mickens,
Our decisions Mickens I and Mickens II involved an injunction against a “nonlaw-yer tenant eviction service.”
from filing initial tenant eviction complaints for residential and corporate landlords; counseling landlords regarding legal matters; filling out eviction forms where the landlord оrally communicates the information to be filled in; and appearing in court or any other judicial tenant eviction proceedings.
representing, either expressly or impliedly, that he is licensed to engage in the practice of law in Florida, and from conducting the following activities: (a) filing the initial complaints for residential land*870 lords; (b) counseling landlords about legal matters regarding tenant eviction actions; (c) typing оr printing information on the tenant eviction forms set forth in the petition where the landlord orally communicates such information to the respondent; and (d) appearing in court or in any judicial proceeding which is part of the tenant eviction process.
Based on the case law, the Standing Committee is of the opinion that it does not constitute the unlicensed practice of law for a nonlawyer to prepare and serve a three-day notice informing a tenant that the rent is overdue and giving the tenant three days in which to pay. Cf. In re Advisory Opinion—Nonlawyer Preparation of Notice to Owner and Notice to Contractor,
In The Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b) to the Rules Regulating The Florida Bar,
The proрosed advisory opinion recognizes that our approval of these forms modifies Mickens I and Mickens II to the extent that those decisions require eviction forms to be completed from information supplied in writing, but that the remaining prohibitions of counseling the landlord, handling the eviction, and appearing in court on behalf of the landlord, remain intact. The proposed opinion concludes that a nonlaw-yer property manager may complete a Court-approved form with information supplied by the landlord but the form must be signed and filed by the landlord, although the manager may act as a courier and take the signed form to the courthouse. According to the proposed opinion, a property manager’s handling of an eviction should be limited to providing the apрroved forms and filling in the information provided by the landlord.
The petitioner filed objections to the proposed advisory opinion. Recognizing that only this Court can authorize the practice of law,
After hearing oral argument, reviewing the proposed advisory opinion and considering the comments of the petitioner and other interested parties, we approve that portion of the proposed advisory opinion that сoncludes that it is not the unlicensed practice of law for a property manager to draft and serve a three-day notice. We also approve that portion of the prоposed opinion concluding that it is the unli
None of our prior decisions in this area addressed the precise question presented to the Standing Committee. As noted above, Mickens I, Mickens II, Valdes and Rich all involved individuals or companies performing eviction and other legal services; property managers were not involved. As pointed out by the petitioner, in most cases it is the property manager who is the most involved and familiar with the rentаl property. An uncontested residential eviction for nonpayment of rent is a rather perfunctory process in which abuses would seem unlikely. This is particularly true in light of the landlord-tenant forms reсently approved by this Court. Because of the unique position of property managers and the fact that there has been no showing that the public is being or will be harmed by property managеrs handling uncontested residential evictions, we agree with the petitioner that such activity should be authorized.
Accordingly, subject to reconsideration one year from the date of this opiniоn, property managers are hereby authorized to complete, sign and file complaints for eviction and motions for default and to obtain final judgments and writs of possession on behalf of landlords in uncontested residential evictions for nonpayment of rent. This authorization does not extend to nonlawyers other than property managers and is given with the understanding that evictions will be handlеd incidental to the management of the rental property. It only covers uncontested residential evictions for nonpayment of rent; property managers are not authorized to hаndle evictions for other than nonpayment of rent.
Interested parties may file comments with this Court addressing unforeseen public harm that may result from the activities we have authorized in this opinion. Comments must be filed with the Clerk of this Court within one year of the date of this opinion.
It is so ordered.
Notes
. After the advisory opinion was filed and comments were received, the Standing Committee filed as supplemental authority a recent amendment to section 83.59(2), Florida Statutes (1991), that purports to authorize a residential landlord’s "attorney or agent” to file the initial complaint for eviction but prohibits the nonlaw-yer agent from taking any other action. See ch. 92-36, § 1, Laws of Florida.
. Art. V, § 15, Fla. Const.
. A property manager, like any other nonlaw-yer, may assist in the preparation of Supreme Court authorized forms in connection with evictions for other than nonpayment of rent in accordanсe with our decision in The Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b) to the Rules Regulating The Florida Bar,
. We recognize that no form for a motion for default in an eviction proceeding was approved in The Florida Bar re Approval of Forms Pursuant to Rule 10-1.1(b) to the Rules Regulating The Florida Bar. Therefore, we request that The Florida Bar’s Standing Committee on Simplified Legal Forms draft and submit such a form for this Court’s approval.