Eviction Attorney: What Homestead Landlords Need to Know About Florida Residential Eviction Law

Eviction Attorney: What Homestead Landlords Need to Know About Florida Residential Eviction Law

If you are a landlord or property owner in Homestead, 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 that your rights are protected throughout the eviction process. This article will guide you through what you need to know before filing an eviction in Homestead.

What Florida Landlords Should Know Before Filing an Eviction in Homestead

Before initiating an eviction, it is essential to be familiar with the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act provides a detailed framework for the eviction process, including the types of notices required and the steps you must follow.

Key Points:

• Non-Payment of Rent: You must serve a 3-day notice.
• Lease Violations: A 7-day notice is required, which can be conditional or unconditional depending on whether the violation can be cured.
• Month-to-Month Tenancy: At least 30 days' written notice is necessary to terminate the tenancy.

No Self-Help Evictions:

Under Florida law (Fla. Stat. 83.67), landlords are prohibited from taking self-help actions such as changing locks, removing belongings, or shutting off utilities to force a tenant out. These actions can expose you to legal liability and financial penalties. The only lawful way to remove a tenant is through the formal county-court eviction process.

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 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

• Curable Violations: A 7-day notice to cure the violation or quit. The tenant must remedy the violation within 7 days or vacate the property.
• Non-Curable Violations: An unconditional 7-day notice, requiring the tenant to vacate the premises within 7 days.

Month-to-Month Tenancy

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

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice

   • Ensure you serve the appropriate notice (3-day, 7-day, or 30-day) on the tenant in accordance with Florida law.

2. File an Eviction Complaint in County Court

   • 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 complaint and has 5 business days to respond.

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 will issue a writ of possession, which authorizes the sheriff to remove the tenant from the property.

6. Sheriff's Execution

   • The sheriff will execute the writ of possession and physically remove the tenant if necessary.

Mistakes That Get a Florida Eviction Dismissed

Common Landlord Mistakes:

• Defective or Miscalculated Notice: Using the wrong type of notice, miscalculating the 3-day period by including weekends/holidays, or omitting required information.
• Accepting Partial Rent: Accepting partial rent after serving the notice can waive your right to evict.
• Self-Help Actions: Engaging in lockouts, utility shutoffs, or removing belongings.
• Suing the Wrong Party: Naming the wrong tenant or failing to identify all tenants on the lease.

Frequently Asked Questions

Q: Can I change the locks if a tenant hasn't paid rent? A: No. Under Florida law, landlords are prohibited from changing locks, removing belongings, or shutting off utilities to force a tenant out. These actions can result in legal liability and financial penalties.

Q: What happens if the tenant pays the rent after I serve a 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: Can I evict a tenant for violating the lease terms? A: Yes, but you must serve a 7-day notice to cure or quit if the violation is curable. For non-curable violations, an unconditional 7-day notice is required.

Q: How long does the eviction process typically take? A: The timeline can vary, but generally, it takes several weeks from serving the notice to obtaining possession of the property, depending on court schedules and tenant responses.

Q: What if the tenant files a counterclaim? A: If the tenant files a counterclaim, the court will schedule a hearing. It is important to have legal representation to protect your interests during this process.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process can be complex and time-consuming. At Louis Law Group, we are here to help you every step of the way. Whether you need assistance with serving notices, filing complaints, or representing you in court, our experienced attorneys will work to protect your rights and ensure a smooth eviction process.

To discuss your case and receive a free case evaluation, call us at (833) 657-4812. We are committed to providing the legal support you need to resolve your eviction matter efficiently and effectively. Contact Louis Law Group today to get started.