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

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

If you are a landlord or property owner in Plantation, Florida, and need to remove a tenant lawfully, it's crucial to understand the legal process. At Louis Law Group, we represent landlords and property owners, not tenants. Our experienced eviction attorneys can guide you through the complexities of Florida’s residential eviction laws, ensuring your rights are protected and the process is handled correctly.

What Florida Landlords Should Know Before Filing an Eviction in Plantation

Before initiating an eviction, it's essential to understand the legal framework governing landlord-tenant relationships in Florida. The primary statute is the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act outlines the procedures for evictions, including the types of notices required and the steps involved.

Key Points to Consider:

1. Legal Grounds: Common reasons for eviction include non-payment of rent, lease violations, holdover tenants, and the end of a month-to-month tenancy.
2. Proper Notice: Serving the correct notice is crucial. Different situations require different types of notices.
3. Formal Process: Evictions must be handled through the county court system; self-help evictions are illegal and can expose you to 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 or vacate the premises.
• Timing: The 3 days exclude weekends and legal holidays.
• Content: Must state the amount due and provide a deadline for payment.

7-Day Notice for Lease Violation

• Curable Violations:
  • Purpose: To notify the tenant of a curable violation and give them an opportunity to correct it or vacate.
  • Timing: 7 days from the date of service.
  • Content: Must specify the violation and provide a deadline for correction.
• Non-Curable Violations:
  • Purpose: To notify the tenant that they must vacate due to a non-curable violation.
  • Timing: 7 days from the date of service.
  • Content: Must state the reason for the eviction.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Timing: At least 30 days' written notice.
• Content: Must clearly state the termination 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) 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.

3. Serve the Tenant with 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 the response is insufficient, the clerk can enter a default against the tenant.

5. Writ of Possession

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

6. Sheriff Executes the Writ of Possession

   • The sheriff will execute the writ and physically 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 (including weekends/holidays), or omitting required information.
• Accepting Partial Rent: Accepting partial rent after serving the notice can waive the eviction.
• Self-Help Actions: Changing locks, shutting off utilities, or removing belongings is illegal and can result in liability.
• Suing the Wrong Party: Naming the wrong tenant or party in the complaint 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 or vacate the premises.

Q: What happens if the tenant doesn’t respond to the summons and complaint? A: If the tenant does not respond within 5 business days, the clerk can enter a default judgment against them. This allows you to proceed with obtaining a writ of possession.

Q: Can I change the locks or shut off utilities 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 lawfully.

Q: What should I do if the tenant pays part of the rent after serving the notice? A: Accepting partial rent can waive your right to proceed with the eviction. It’s best to consult with an eviction attorney before accepting any payment.

Q: How long does the entire eviction process typically take? A: The timeline can vary, but it generally takes a few weeks from serving the initial notice to obtaining possession of the property through the sheriff.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process in Plantation, Florida, can be complex and time-consuming. At Louis Law Group, our experienced eviction attorneys are here to help you every step of the way. We will ensure that your rights are protected and that the process is handled correctly.

To get started, schedule a free case evaluation or call us at (833) 657-4812. Our team is ready to assist you in resolving your eviction matter efficiently and effectively.