Eviction Attorney: What Fort Lauderdale Landlords Need to Know Before Filing an Eviction

Eviction Attorney: What Fort Lauderdale Landlords Need to Know Before Filing an Eviction

If you are a landlord or property owner in Fort Lauderdale, Florida, and need to remove a tenant lawfully, 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 article will guide you through what you need to know before filing an eviction in Fort Lauderdale.

What Florida Landlords Should Know Before Filing an Eviction in Fort Lauderdale

Before initiating an eviction, it is essential to understand the legal framework governing landlord-tenant relationships in Florida. The primary statute that governs residential evictions is the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act outlines the procedures for serving notices, filing complaints, and executing evictions.

Key Points to Consider:

1. Legal Grounds for Eviction: Common grounds 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 crucial. Improper notices can lead to dismissal of your case.
3. Formal Court Process: Evictions must be handled through the formal county-court process. Self-help evictions, such as changing locks or shutting off utilities, are illegal and can expose you to liability.

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

3-Day Notice for Non-Payment of Rent

• Purpose: To notify the tenant that they must pay the rent in full within 3 days or face eviction.
• Timing: 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.

7-Day Notice for Lease Violation

• Purpose: To notify the tenant of a lease violation and give them an opportunity to cure the violation within 7 days.
• Types:
  • Curable Violations: The tenant has 7 days to correct the violation or vacate the property.
  • Non-Curable Violations: The tenant must vacate the property within 7 days, as the violation cannot be corrected.

Month-to-Month Tenancy

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

The Florida Eviction Process, Step by Step

Step 1: Serve the Correct Written Notice

• Ensure that the notice is served correctly and in accordance with the law. Use certified mail or a process server to document delivery.

Step 2: File an Eviction Complaint

• If the tenant does not comply with the notice, file an eviction complaint in the county court where the property is located. The complaint should include all required information and be accompanied by the appropriate filing fee.

Step 3: Tenant Served with Summons and Complaint

• The tenant will be served with a summons and complaint and has 5 business days to respond. If they do not respond, or their response is insufficient, you can proceed to the next step.

Step 4: Default Judgment

• If the tenant does not respond within the 5-day period, the clerk of the court can enter a default judgment against the tenant.

Step 5: Writ of Possession

• The court will issue a writ of possession, which is an order directing the sheriff to remove the tenant from the property.

Step 6: Sheriff Executes the Writ of Possession

• The sheriff will execute the writ of possession and physically remove the tenant from the property. This step may involve removing the tenant's belongings if they have not already been removed.

Mistakes That Get a Florida Eviction Dismissed

Common Landlord Mistakes:

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 can waive your right to proceed with the eviction.
3. Self-Help Actions: Changing locks, shutting off utilities, or removing belongings without a court order is illegal and can result in liability for damages.
4. Suing the Wrong Party: Naming the wrong tenant or party in the complaint can also lead to dismissal.

Frequently Asked Questions

Q: Can I change the locks if my tenant hasn't paid rent?

A: No, you cannot change the locks or take any self-help actions to force a tenant out. You must follow the formal eviction process through the county court.

Q: What happens if the tenant pays the rent after I serve the 3-day notice?

A: If the tenant pays the full amount of rent due within the 3-day period, you cannot proceed with the eviction. Accepting partial rent can also waive your right to evict.

Q: How long does the eviction process typically take?

A: The duration can vary depending on the court's schedule and the tenant's response. Generally, it can take a few weeks from filing the complaint to obtaining possession of the property.

Q: Can I evict a tenant for a lease violation that is not listed in the lease agreement?

A: No, you can only evict a tenant for violations specifically outlined in the lease agreement. Ensure that all terms and conditions are clearly stated in the lease.

Q: What should I do if the tenant files an answer to the eviction complaint?

A: If the tenant files an answer, the court will schedule a hearing. It is advisable to consult with an eviction attorney to prepare for the hearing and present your case effectively.

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 Fort Lauderdale. Our team can guide you through each step of the process, ensuring that your rights are protected and that you comply with all legal requirements.

To discuss your specific situation and receive a free case evaluation, call us at (833) 657-4812. We are here to help you achieve the best possible outcome in your eviction case. 📞

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For more information or to schedule a consultation, visit our website: Louis Law Group. 🏠