Navigating Florida Eviction Law: A Guide for Landlords and Property Owners by an Experienced Eviction Attorney

Navigating Florida Eviction Law: A Guide for Landlords and Property Owners by an Experienced Eviction Attorney

If you are a landlord or property owner in Kissimmee, Florida, and need to remove a tenant lawfully, it is crucial to understand the legal framework governing evictions. At Louis Law Group, we represent landlords and property owners, not tenants, ensuring that your rights are protected throughout the eviction process. This guide will provide you with essential information on Florida residential eviction laws, 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 Kissimmee

Before initiating an eviction, it is important to be familiar with the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act outlines the procedures and requirements for evicting a tenant. Here are some key points to consider:

1. Legal Grounds for Eviction: Common reasons for eviction include non-payment of rent, lease violations, holdover tenancy, or the end of a month-to-month tenancy.
2. Proper Notice: Serving the correct notice is crucial. The type and duration of the notice depend on the reason for eviction.
3. No Self-Help Evictions: Landlords cannot forcibly remove tenants by changing locks, removing belongings, or shutting off utilities. Such actions are illegal and can result in 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 rent within 3 days or face eviction.
• Timing: The 3-day period excludes weekends and legal holidays.
• Content: The notice must state the amount of rent due, the address of the property, and the consequences of non-payment.

7-Day Notice for Lease Violation

• Purpose: To inform the tenant of a lease violation and give them an opportunity to cure it or vacate the premises.
• Types:
  • Curable Violation: The tenant has 7 days to correct the violation.
  • Non-Curable Violation: The tenant must vacate within 7 days, as the violation cannot be remedied.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Timing: The landlord must provide at least 30 days' written notice to the tenant.

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice

   • Ensure the notice is accurate and complies with Florida law. Use the appropriate type of notice based on the reason for eviction.

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. The complaint should include all necessary documentation and fees.

3. Serve the Tenant with 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 provides an insufficient response, 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 Executes the Writ of Possession

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

Mistakes That Get a Florida Eviction Dismissed

1. Defective or Miscalculated Notice

   • Using the wrong type of notice, miscounting days (including weekends/holidays), 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 and require you to start the process over.

3. Self-Help Actions

   • Changing locks, shutting off utilities, or removing belongings is illegal and can result in liability.

4. Suing the Wrong Party or Naming the Wrong Tenant

   • Ensuring the correct party is named in the complaint is crucial. Incorrectly naming a tenant 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 the opportunity to pay the rent or vacate the property.

Q: What happens if the tenant pays the rent after receiving a 3-day notice? A: If the tenant pays the full amount of rent due within the 3-day period, the eviction process is typically halted. However, accepting partial payment can waive the eviction.

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

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

Q: What should I do if the tenant files for bankruptcy during the eviction process? A: A tenant's bankruptcy filing can automatically stay (pause) the eviction proceedings. You will need to consult with an attorney to determine your next steps.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the complexities of Florida eviction law can be challenging, but you don't have to go it alone. At Louis Law Group, we are here to help ensure that your rights as a landlord or property owner are protected. If you need assistance with an eviction in Kissimmee, Florida, contact us for a free case evaluation or call (833) 657-4812. Our experienced attorneys will guide you through the process and work to achieve the best outcome for your situation.