Eviction Attorney: What Landlords in Miramar Need to Know

Eviction Attorney: What Landlords in Miramar Need to Know

If you are a landlord or property owner in Miramar, Florida, and need to evict a tenant, it is crucial to understand the legal process and your rights under Florida law. At Louis Law Group, we represent landlords and property owners, not tenants, ensuring that your interests are protected throughout the eviction process.

What Florida Landlords Should Know Before Filing an Eviction in Miramar

Before you file for eviction, it's essential to be aware of the specific requirements and procedures set forth by the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act governs all aspects of landlord-tenant relationships, including evictions.

Key Points:

1. Legal Grounds for Eviction: Common reasons for eviction include non-payment of rent, lease violations, holdover tenancy, 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.
3. No Self-Help Evictions: Landlords cannot forcibly remove tenants by changing locks, removing belongings, or shutting off utilities. Such actions can result in legal liability.

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

3-Day Notice for Non-Payment of Rent

• Purpose: To demand payment of rent within 3 days.
• Timing: The 3-day period excludes weekends and legal holidays.
• Consequences: If the tenant does not pay the full amount owed within the 3 days, you can proceed with eviction.

7-Day Notice for Lease Violation

• Purpose: To notify the tenant of a lease violation.
• Types:
  • Curable Violations: The tenant has 7 days to correct the violation or vacate the property.
  • Non-Curable Violations: The tenant must vacate within 7 days, as the violation cannot be corrected.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Timing: You must give at least 30 days' written notice to end the tenancy.

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.
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 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 issues a writ of possession.
6. Sheriff Executes Writ of Possession
   • The sheriff will execute the writ and remove the tenant from the property.

Mistakes That Get a Florida Eviction Dismissed

Common Landlord Mistakes:

• Defective or Miscalculated Notice: Using the wrong type of notice, miscounting days by including weekends/holidays, or omitting required information.
• Accepting Partial Rent: Accepting partial rent after serving the notice can waive your right to eviction.
• Self-Help Actions: Engaging in lockouts, utility shutoffs, or removing belongings.
• Suing the Wrong Party: Naming the wrong tenant or party in the complaint.

Frequently Asked Questions

Q: What happens if a tenant does not pay rent on time? A: You can serve a 3-day notice demanding payment. If the tenant fails to pay within the 3 days, you can file for eviction.

Q: Can I evict a tenant for violating the lease? A: Yes, but you must first serve a 7-day notice. For curable violations, the tenant has 7 days to correct the issue or vacate. For non-curable violations, the tenant must vacate within 7 days.

Q: How do I end a month-to-month tenancy? A: You must give at least 30 days' written notice to terminate a month-to-month tenancy.

Q: Can I change the locks or shut off utilities to force a tenant out? A: No, self-help evictions are illegal and can result in legal liability. You must follow the formal court process.

Q: What if the tenant does not respond to the eviction complaint? A: If the tenant fails to respond within 5 business days, the clerk can enter a default judgment against them.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process can be complex and time-consuming. At Louis Law Group, we provide experienced legal guidance to ensure your rights are protected. To discuss your case and receive a free case evaluation, call us at (833) 657-4812. Our team is here to help you through every step of the eviction process in Miramar, Florida.