Eviction Attorney: What Hollywood Landlords Need to Know Before Filing an Eviction

Eviction Attorney: What Hollywood Landlords Need to Know Before Filing an Eviction

If you are a landlord or property owner in Hollywood, Florida, and need to evict a tenant for non-payment of rent, lease violations, holdover, or the end of a month-to-month tenancy, it is crucial to understand the legal process. At Louis Law Group, we represent landlords and property owners, not tenants, ensuring your rights are protected throughout the eviction process. This article will guide you through Florida's residential eviction laws under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II).

What Florida Landlords Should Know Before Filing an Eviction in Hollywood

Before initiating an eviction, it is essential to be aware of the specific legal requirements and procedures. The Florida Residential Landlord and Tenant Act provides a framework for landlords to lawfully remove tenants who are not complying with their lease agreements or rental obligations. Here are some key points to consider:

1. Legal Grounds for Eviction: Common grounds for eviction include non-payment of rent, violation of lease terms, holdover after the lease has expired, and the end of a month-to-month tenancy.
2. Proper Notice: You must serve the tenant with the correct notice before filing an eviction complaint. The type of notice depends on the reason for the eviction.
3. Formal Court Process: Evictions in Florida must be handled through the county court system. Self-help evictions, such as changing locks or shutting off utilities, are illegal and can result in liability for the landlord.

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

In Florida, landlords must serve specific notices to tenants before filing an eviction complaint. The type of notice depends on the reason for the eviction:

• 3-Day Notice for Non-Payment of Rent: This notice gives the tenant 3 days (excluding weekends and legal holidays) to pay the rent in full or vacate the premises.
• 7-Day Notice for Lease Violation: For curable violations, this notice gives the tenant 7 days to correct the violation or move out. For non-curable violations, a 7-day unconditional notice can be served, requiring the tenant to vacate within 7 days.
• 30-Day Notice for Month-to-Month Tenancy: To terminate a month-to-month tenancy, the landlord must provide at least 30 days' written notice.

The Florida Eviction Process, Step by Step

The eviction process in Florida involves several steps. Here is a detailed outline:

1. Serve the Correct Written Notice: Provide the tenant with the appropriate notice (3-day, 7-day, or 30-day) as required by law.
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.
3. Service of Summons and Complaint: The tenant will be served with a summons and the eviction complaint. They have 5 business days to respond.
4. Default Judgment: If the tenant does not respond or their response is insufficient, the clerk can enter a default judgment against them.
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 Sheriff: The sheriff will execute the writ of possession and physically remove the tenant if necessary.

Mistakes That Get a Florida Eviction Dismissed

Landlords must be meticulous in following the legal process to avoid having their eviction dismissed. Common mistakes include:

• Defective or Miscalculated Notice: Using the wrong type of notice, miscounting the days (e.g., including weekends and holidays), or omitting required information.
• Accepting Partial Rent: Accepting partial rent after serving a 3-day notice can waive the eviction.
• Self-Help Actions: Changing locks, shutting off utilities, or removing belongings without court approval is illegal and can result in liability for the landlord.
• Suing the Wrong Party: Naming the wrong tenant or party in the eviction complaint can lead to dismissal.

Frequently Asked Questions

Q: What happens if a tenant does not pay rent on time? A: If a tenant fails to pay rent, you must serve them with a 3-day notice. If they do not pay within the 3 days (excluding weekends and holidays) or vacate the premises, you can file an eviction complaint.

Q: Can I evict a tenant for violating the lease? A: Yes, if a tenant violates the lease, you can serve them with a 7-day notice to cure the violation or move out. For non-curable violations, a 7-day unconditional notice can be served.

Q: How long does the eviction process typically take? A: The duration of the eviction process can vary depending on court schedules and the tenant's response. Generally, it can take several weeks from serving the notice to obtaining possession of the property.

Q: Can I change the locks or shut off utilities to force a tenant out? A: No, self-help evictions are illegal in Florida. You must follow the formal county-court eviction process to remove a tenant lawfully.

Q: What should I do if the tenant files for bankruptcy during the eviction process? A: If a tenant files for bankruptcy, it can temporarily halt the eviction process through an automatic stay. You will need to file a motion with the bankruptcy court to lift the stay and proceed with the eviction.

Talk to a Florida Eviction Attorney for Landlords Today

If you are a landlord in Hollywood, Florida, and need assistance with evicting a tenant, Louis Law Group can help. Our experienced attorneys will guide you through the legal process to ensure your rights are protected. To schedule a free case evaluation, call us at (833) 657-4812. We are here to assist you in navigating the complexities of Florida's eviction laws and achieving the best outcome for your situation.