Navigating Florida Eviction Law: A Guide for Landlords and Property Owners by an Experienced Eviction Attorney

Navigating Florida Eviction Law: A Guide for Landlords and Property Owners by an Experienced Eviction Attorney

If you are a landlord or property owner in Boca Raton, Florida, facing the difficult task of evicting a tenant, it is crucial to understand the legal process and your rights. At Louis Law Group, we represent landlords and property owners, not tenants, ensuring that your interests are protected throughout the eviction process. This guide will provide you with essential information about Florida residential eviction law under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II).

What Florida Landlords Should Know Before Filing an Eviction in Boca Raton

Before initiating an eviction, it is important to familiarize yourself with the specific requirements and procedures set forth by Florida law. Here are some key points to consider:

1. Legal Grounds for Eviction: Common reasons for eviction include non-payment of rent, lease violations, holdover tenancy (tenant staying beyond the lease term), and the end of a month-to-month tenancy.
2. Proper Notice: Serving the correct notice is critical. The type of notice depends on the reason for eviction:
   • A 3-DAY NOTICE for NON-PAYMENT of rent. The 3 days EXCLUDE weekends and legal holidays.
   • A 7-DAY NOTICE for a LEASE VIOLATION — this is a notice to cure the violation or quit (for a curable violation), or a 7-day unconditional notice for a non-curable violation.
   • To end a MONTH-TO-MONTH tenancy, the landlord must give at least 30 DAYS' written notice.
3. No Self-Help Evictions: Under Fla. Stat. 83.67, landlords are prohibited from changing locks, removing tenant belongings, or shutting off utilities to force a tenant out. The eviction process must be conducted through the formal county-court system.

Florida Eviction Notices: 3-Day, 7-Day, and Month-to-Month

3-Day Notice for Non-Payment of Rent

• Purpose: To inform the tenant that they have failed to pay rent and must do so within 3 days.
• Calculation: The 3-day period EXCLUDES weekends and legal holidays. If the third day falls on a weekend or holiday, it is extended to the next business day.
• Consequences: If the tenant does not pay the full amount of rent by the end of the 3-day period, you can proceed with filing an eviction complaint.

7-Day Notice for Lease Violation

• Curable Violations: For violations that can be remedied, such as noise complaints or unauthorized pets, a 7-DAY NOTICE to cure the violation or quit must be given. The tenant has 7 days to correct the issue.
• Non-Curable Violations: For violations that cannot be remedied, such as criminal activity on the premises, an unconditional 7-day notice can be served, requiring the tenant to vacate within 7 days.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Notice Period: The landlord must provide at least 30 DAYS' written notice. The notice should specify the date by which the tenant must vacate the property.

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice
   • Ensure that the notice is accurate and complies with Florida law. It should be served in a manner prescribed by statute, such as personal delivery or certified mail.
2. File an Eviction Complaint
   • If the tenant does not comply with the notice, file an eviction complaint in COUNTY COURT for the county where the property is located. The complaint must include specific details about the lease violation or non-payment of rent.
3. Service of Summons and Complaint
   • The tenant will be served with a summons and complaint and has 5 BUSINESS DAYS to respond. This response can be in the form of an answer, counterclaim, or motion.
4. Default Judgment
   • If the tenant does not respond within the 5-day period, or if their response is insufficient, the clerk can enter a DEFAULT against the tenant.
5. Writ of Possession
   • The court will issue a WRIT OF POSSESSION, which authorizes the sheriff to remove the tenant from the property.
6. Execution by the Sheriff
   • The SHERIFF will execute the writ of possession and physically remove the tenant if necessary.

Mistakes That Get a Florida Eviction Dismissed

1. Defective or Miscalculated Notice
   • Using the wrong type of notice, miscalculating the 3-day period by including weekends/holidays, or omitting required information can lead to dismissal.
2. Accepting Partial Rent
   • Accepting partial rent after serving a notice for non-payment can waive your right to proceed with the eviction.
3. Self-Help Actions
   • Engaging in self-help actions such as lockouts, utility shutoffs, or removing belongings exposes you to liability and can result in dismissal of the eviction case.
4. Suing the Wrong Party
   • Naming the wrong tenant or party in the complaint can lead to a dismissed case.

Frequently Asked Questions

Q: Can I evict a tenant for non-payment of rent without giving notice? A: No, you must serve a 3-day notice for non-payment of rent before filing an eviction complaint. The notice gives the tenant an opportunity to pay the outstanding rent and avoid eviction.

Q: What happens if the tenant pays the rent after I file the eviction complaint? A: If the tenant pays the full amount of rent owed, including any late fees specified in the lease, you may have to withdraw the eviction case. However, this can vary based on local court rules and the specific circumstances.

Q: Can I change the locks or shut off utilities to force a tenant out? A: No, self-help actions are strictly prohibited under Florida law. You must follow the formal eviction process through the county court system.

Q: How long does the eviction process typically take? A: The duration can vary depending on the complexity of the case and the court's schedule. Generally, if the tenant does not respond to the complaint, the process can be completed within a few weeks.

Q: Can I evict a tenant for violating lease terms that are not related to rent? A: Yes, you can serve a 7-day notice for curable or non-curable lease violations. If the tenant fails to comply with the notice, you can proceed with filing an eviction complaint.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process can be complex and time-consuming. At Louis Law Group, we have extensive experience representing landlords and property owners in Boca Raton, Florida. Our team is dedicated to protecting your legal rights and ensuring that the eviction process is handled correctly.

If you need assistance with an eviction or have any questions about your rights as a landlord, contact us today for a free case evaluation. You can also call us at (833) 657-4812 to speak with one of our experienced attorneys. We are here to help you through every step of the process.