Eviction Attorney: Navigating Florida Residential Eviction Law for Jacksonville Landlords

Eviction Attorney: Navigating Florida Residential Eviction Law for Jacksonville Landlords

If you are a landlord or property owner in Jacksonville, Florida, and need to remove a tenant lawfully, it is crucial to understand the specific requirements of Florida’s residential eviction laws. 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 what you need to know before filing an eviction in Jacksonville, including the types of notices required, the step-by-step eviction process, common mistakes to avoid, and frequently asked questions.

What Florida Landlords Should Know Before Filing an Eviction in Jacksonville

Before initiating an eviction, it is essential to ensure that you have a valid reason for doing so. Common reasons include non-payment of rent, lease violations, holdover tenants, or the end of a month-to-month tenancy. Florida’s residential eviction laws are governed by the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II), which provides specific procedures that must be followed to avoid legal complications.

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

3-Day Notice for Non-Payment of Rent

A 3-day notice is required when a tenant fails to pay rent on time. The 3 days exclude weekends and legal holidays. This notice must be in writing and clearly state the amount of rent due and the date by which it must be paid to avoid eviction.

7-Day Notice for Lease Violation

For lease violations, you can issue a 7-day notice. If the violation is curable (e.g., noise complaints), the notice should give the tenant 7 days to correct the violation or vacate the property. For non-curable violations (e.g., illegal activities), an unconditional 7-day notice can be given, requiring the tenant to leave within 7 days.

Month-to-Month Tenancy

To terminate a month-to-month tenancy, you must provide at least 30 days' written notice. This notice should clearly state the date by which the tenancy will end and that the tenant must vacate the property by that date.

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) to the tenant in accordance with Florida law. Proper service is crucial and can be done through personal delivery, certified mail, or affixing a copy to the door.

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 necessary information and be accompanied by the required filing fee.

3. Serve the Summons and Complaint

   • Once the complaint is filed, the tenant will be served with a summons and the complaint. They have 5 business days to respond to the complaint.

4. Default Judgment

   • If the tenant does not respond or their response is insufficient, the clerk can enter a default judgment against the tenant. This means the court assumes the landlord's claims are valid.

5. Writ of Possession

   • The court will issue a writ of possession, which authorizes the sheriff to remove the tenant from the property if they do not vacate voluntarily.

6. Sheriff Execution

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

Mistakes That Get a Florida Eviction Dismissed

Defective or Miscalculated Notice

• Ensure that the notice type, day count, and required information are correct. A miscalculation or omission can lead to dismissal.

Accepting Partial Rent

• Accepting partial rent after serving a 3-day notice can waive your right to proceed with the eviction.

Self-Help Actions

• Under Fla. Stat. 83.67, landlords cannot change locks, remove belongings, or shut off utilities to force a tenant out. These actions expose you to legal liability and can result in dismissal of the eviction case.

Suing the Wrong Party

• Ensure that all named parties in the complaint are correct. Suing the wrong tenant or omitting necessary parties can lead to dismissal.

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 before filing an eviction complaint. The notice gives the tenant an opportunity to pay the 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 due before the court enters a final judgment, you may have to dismiss the eviction case. However, you can still proceed with the eviction if the tenant has violated other terms of the lease.

Q: Can I remove a tenant's belongings myself after they vacate? A: No, you should not remove a tenant's belongings without a court order. If the tenant leaves property behind, follow the procedures outlined in Florida law for abandoned property.

Q: How long does the eviction process typically take? A: The eviction process can vary depending on the court’s schedule and whether the tenant contests the eviction. Generally, it can take anywhere from 2 to 6 weeks from the filing of the complaint to the execution of the writ of possession.

Q: Can I evict a tenant for illegal activities in the property? A: Yes, you can issue an unconditional 7-day notice if the tenant is engaged in illegal activities. If the tenant does not vacate within 7 days, you can file an eviction complaint.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process can be complex and legally challenging. At Louis Law Group, we have extensive experience representing landlords and property owners in Jacksonville and throughout Florida. To ensure your rights are protected and that the eviction process is handled correctly, contact us today for a free case evaluation.

Call (833) 657-4812 to speak with an experienced eviction attorney who can guide you through every step of the process. Your best interests are our priority.