Miami Eviction Attorney: A Guide for Landlords and Property Owners

Miami Eviction Attorney: A Guide for Landlords and Property Owners

If you are a landlord or property owner in Miami, Florida, and need to remove a tenant lawfully, an eviction attorney can be your best resource. At Louis Law Group, we represent landlords and property owners, not tenants. Our experienced attorneys understand the complexities of Florida residential eviction laws and can guide you through the process to ensure compliance and protect your rights.

What Florida Landlords Should Know Before Filing an Eviction in Miami

Before initiating an eviction, it is crucial for landlords to understand the legal framework governing tenant-landlord relationships in Florida. The primary statute that governs these matters is the Florida Residential Landlord and Tenant Act (FRLTA), found in Chapter 83, Part II of the Florida Statutes. This act outlines specific procedures and requirements that must be followed to lawfully evict a tenant.

Key Points for Landlords:

• Legal Grounds: Common reasons for eviction include non-payment of rent, lease violations, holdover tenancy, or the end of a month-to-month tenancy.
• Proper Notice: Serving the correct notice is essential. The type and duration of the notice depend on the reason for eviction.
• Court Process: Evictions must be processed through the county court system; self-help evictions 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

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 state the amount of rent due and inform the tenant that they have 3 days to pay or face eviction.

7-Day Notice for Lease Violation

For lease violations, landlords 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 issue or vacate the premises. For non-curable violations (e.g., illegal activities), an unconditional 7-day notice can be served, requiring the tenant to leave within 7 days.

Month-to-Month Tenancy

To terminate a month-to-month tenancy, landlords must provide at least 30 days' written notice. This notice should clearly state the termination date and inform the tenant of their obligation to vacate by that time.

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice

   • Ensure the notice is accurate and complies with Florida law.
   • Serve the notice in a manner prescribed by statute (e.g., personal delivery, certified mail).

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. Serve the Tenant with Summons and Complaint

   • The court will issue a summons, which must be served on the tenant.
   • The tenant has 5 business days to respond to the complaint.

4. Default Judgment or Hearing

   • If the tenant does not respond or their response is insufficient, the clerk can enter a default judgment against the tenant.
   • If the tenant responds and contests the eviction, a hearing will be scheduled.

5. Writ of Possession

   • The court issues a writ of possession, which orders the sheriff to remove the tenant from the property.

6. Sheriff Executes the Writ of Possession

   • The sheriff will enforce the writ, removing the tenant and their belongings if necessary.

Mistakes That Get a Florida Eviction Dismissed

Common Landlord Mistakes:

• Defective or Miscalculated Notice: Using the wrong type of notice, miscounting days (e.g., including weekends/holidays), or omitting required information can lead to dismissal.
• Accepting Partial Rent: Accepting partial rent after serving a 3-day notice can waive the eviction and require a new notice.
• Self-Help Actions: Changing locks, removing belongings, or shutting off utilities is illegal and can result in liability for the landlord.
• Suing the Wrong Party: Naming the wrong tenant or party in the complaint can invalidate the eviction process.

Frequently Asked Questions

Q: Can I evict a tenant without going to court? A: No, self-help evictions are illegal in Florida. Landlords must follow the formal county-court eviction process to lawfully remove a tenant.

Q: What should I do if the tenant pays the rent after serving a 3-day notice? A: Accepting partial rent can waive the eviction. If the tenant pays the full amount within the 3-day period, you cannot proceed with the eviction unless they have violated other lease terms.

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

Q: Can I evict a tenant for illegal activities in the property? A: Yes, you can serve an unconditional 7-day notice if the tenant is engaged in illegal activities. However, it is advisable to consult with an eviction attorney to ensure compliance with all legal requirements.

Q: What should I do if the tenant leaves behind personal belongings after the eviction? A: Landlords must follow specific procedures for handling abandoned property, including providing notice and storage periods. Consult with an attorney to understand your obligations.

Talk to a Florida Eviction Attorney for Landlords Today

If you are a landlord in Miami facing the need to evict a tenant, it is crucial to seek legal guidance to ensure compliance with Florida law. Louis Law Group can provide the expertise and support you need to navigate the eviction process effectively. Schedule a free case evaluation or call us at (833) 657-4812 to discuss your situation and protect your best interests.