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

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

If you are an Orlando landlord or property owner facing a difficult tenant situation, it’s crucial to understand your rights and responsibilities under Florida law. As an eviction attorney at Louis Law Group, we represent landlords and property owners in navigating the complex process of evicting tenants for non-payment of rent, lease violations, holdover tenancies, or the end of a month-to-month agreement. Our goal is to help you protect your investment and ensure compliance with Florida’s strict legal requirements.

What Florida Landlords Should Know Before Filing an Eviction in Orlando

Before initiating an eviction, it’s essential to be well-versed in the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act provides a detailed framework for handling tenant issues, including the specific notices required and the steps involved in the formal eviction process.

Key Points to Consider:

1. Legal Grounds: Ensure you have a valid reason for eviction, such as non-payment of rent, violation of lease terms, or the end of a tenancy.
2. Proper Notice: Serve the correct notice to the tenant, which varies depending on the grounds for eviction.
3. Formal Process: Follow the formal county-court process to avoid legal pitfalls and potential liability.

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

Florida law requires specific notices to be served to tenants before an eviction can proceed. Here are the three primary types of notices:

1. 3-Day Notice for Non-Payment of Rent

• Purpose: To inform the tenant that they must pay the outstanding rent within 3 days or face eviction.
• Timing: The 3-day period excludes weekends and legal holidays.
• Content: The notice must clearly state the amount due, the deadline for payment, and the consequences of non-payment.

2. 7-Day Notice for Lease Violation

• Purpose: To address a breach of lease terms.
• Types:
  • Curable Violation: Tenant has 7 days to correct the violation or vacate the property.
  • Non-Curable Violation: Tenant must vacate within 7 days, as the violation cannot be remedied.
• Content: The notice should specify the nature of the violation and the required action.

3. 30-Day Notice for Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Timing: Landlord must provide at least 30 days' written notice.
• Content: The notice should clearly state the termination date and any other relevant details.

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 grounds 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. This document should include all necessary details about the tenancy and the reason for eviction.

3. Tenant Service of Summons and Complaint

• The tenant will be served with the 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, which authorizes the sheriff to remove the tenant from the property.

6. Sheriff Execution

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

Mistakes That Get a Florida Eviction Dismissed

Avoiding common mistakes is crucial to ensure your eviction process is successful. Here are some pitfalls to watch out for:

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: Accepting partial rent after serving a notice can waive your right to eviction.
3. Self-Help Actions: Changing locks, removing belongings, or shutting off utilities is illegal and can result in liability under Fla. Stat. 83.67.
4. Suing the Wrong Party: Naming the wrong tenant or party in the complaint can also lead to dismissal.

Frequently Asked Questions

Q: Can I change the locks if a tenant stops paying rent?

A: No, Florida law prohibits self-help evictions. You must follow the formal court process to remove a tenant legally.

Q: What happens if the tenant does not respond to the summons and complaint?

A: If the tenant fails to respond within 5 business days, the clerk can enter a default judgment against them, allowing you to proceed with obtaining a writ of possession.

Q: Can I evict a tenant for repeated lease violations?

A: Yes, if the violations are significant and ongoing, you can serve a 7-day notice to cure or vacate. If the tenant does not comply, you can file an eviction complaint.

Q: How long does the entire eviction process typically take?

A: The timeline can vary, but generally, it takes several weeks from serving the initial notice to obtaining possession of the property through a writ of possession.

Q: Can I evict a tenant for causing damage to the property?

A: Yes, if the damage is significant and violates the lease terms, you can serve a 7-day notice to cure or vacate. If the tenant does not remedy the situation, you can proceed with eviction.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the complexities of Florida’s eviction laws can be challenging, but Louis Law Group is here to help. Our experienced attorneys are dedicated to representing landlords and property owners in Orlando and throughout Florida. To discuss your specific situation and receive a free case evaluation, call us at (833) 657-4812. We are committed to protecting your investment and ensuring that your rights are upheld.

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