Eviction Attorney: What Landlords Need to Know Before Filing an Eviction in Hialeah, Florida

Eviction Attorney: What Landlords Need to Know Before Filing an Eviction in Hialeah, Florida

If you are a landlord or property owner in Hialeah, Florida, and need to remove a tenant lawfully, it is crucial to understand the legal process. At Louis Law Group, we represent landlords and property owners, not tenants. Our experienced eviction attorneys can guide you through the complexities of Florida's residential eviction laws to ensure your rights are protected.

What Florida Landlords Should Know Before Filing an Eviction in Hialeah

Before initiating an eviction, it is essential to understand the legal requirements and procedures under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). Here are some key points to consider:

1. Legal Grounds for Eviction: Common grounds for eviction include non-payment of rent, lease violations, holdover tenants, 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.
3. No Self-Help Evictions: Landlords cannot change locks, remove belongings, or shut off utilities to force a tenant out. Such actions can result in legal liability.

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

3-Day Notice for Non-Payment of Rent

• Purpose: To demand payment of overdue rent.
• Timing: The 3 days exclude weekends and legal holidays.
• Content: Must state the amount owed and provide an address where the tenant can pay.

7-Day Notice for Lease Violation

• Curable Violations:
  • Purpose: To give the tenant a chance to correct the violation or vacate.
  • Timing: The notice must be given at least 7 days before eviction proceedings begin.
  • Content: Must specify the violation and provide an opportunity to cure within 7 days.
• Non-Curable Violations:
  • Purpose: To terminate the lease immediately for violations that cannot be cured.
  • Timing: The notice must be given at least 7 days before eviction proceedings begin.
  • Content: Must specify the violation and state that the tenancy is terminated.

Month-to-Month Tenancy

• Purpose: To end a month-to-month tenancy.
• Timing: The landlord must give at least 30 days' written notice.
• Content: Must clearly state the termination date.

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice
   • Ensure the notice is accurate and complies with Florida law.
2. File an Eviction Complaint in County Court
   • If the tenant does not comply with the notice, file a complaint in the county court where the property is located.
3. Serve the Tenant with Summons and Complaint
   • The tenant has 5 business days to respond after being served.
4. Default Judgment
   • If the tenant does not respond or the response is insufficient, the clerk can enter a default judgment against the tenant.
5. Writ of Possession
   • The court issues a writ of possession, which authorizes the sheriff to remove the tenant.
6. Sheriff Executes the Writ of Possession
   • The sheriff will enforce the eviction and remove the tenant from the property.

Mistakes That Get a Florida Eviction Dismissed

1. Defective or Miscalculated Notice
   • Using the wrong type of notice, miscounting days, or omitting required information can lead to dismissal.
2. Accepting Partial Rent After Serving the Notice
   • Accepting partial rent after serving a 3-day notice can waive the eviction.
3. Self-Help Actions
   • Changing locks, shutting off utilities, or removing belongings can result in legal liability and dismissal of the case.
4. Suing the Wrong Party or Naming the Wrong Tenant
   • Ensuring all relevant parties are correctly named is crucial to avoid dismissal.

Frequently Asked Questions

Q: Can I change the locks if my tenant hasn't paid rent? A: No, under Florida law (Fla. Stat. 83.67), landlords cannot use self-help methods such as changing locks or shutting off utilities to force a tenant out. Eviction must be done through the formal court process.

Q: What happens if the tenant doesn't respond to the summons and complaint? A: If the tenant does not respond within 5 business days, the clerk can enter a default judgment against the tenant, allowing the eviction process to proceed.

Q: Can I accept partial rent after serving a 3-day notice? A: No, accepting partial rent after serving a 3-day notice can waive the eviction. It is important to be consistent and follow through with the legal process.

Q: How long does the entire eviction process typically take? A: The duration can vary depending on court schedules and the tenant's response. Generally, it can take several weeks from the initial notice to the final removal by the sheriff.

Q: What should I do if my tenant claims I made a mistake in the eviction process? A: If your tenant challenges the eviction, it is crucial to have accurate records and documentation of all notices and communications. Consulting with an experienced eviction attorney can help you navigate any legal issues that arise.

Talk to a Florida Eviction Attorney for Landlords Today

If you are a landlord or property owner in Hialeah, Florida, and need assistance with the eviction process, contact Louis Law Group today. Our team of dedicated attorneys can provide the legal guidance and representation you need to protect your rights and interests. Schedule a free case evaluation or call us at (833) 657-4812 to get started.