Eviction Attorney: What Port St. Lucie Landlords Need to Know About Florida Residential Eviction Law

Eviction Attorney: What Port St. Lucie Landlords Need to Know About Florida Residential Eviction Law

If you are a landlord or property owner in Port St. Lucie, Florida, and need to evict a tenant for non-payment of rent, lease violations, holdover, or the end of a month-to-month tenancy, 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 you navigate the eviction process correctly and efficiently.

What Florida Landlords Should Know Before Filing an Eviction in Port St. Lucie

Before initiating an eviction, it is essential to familiarize yourself with the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act provides a comprehensive framework for landlord-tenant relationships and outlines the steps required to lawfully evict a tenant.

Key Points:

1. Legal Notice Requirements: You must serve the correct notice to your tenant before filing an eviction complaint.
2. No Self-Help Evictions: Landlords cannot change locks, remove belongings, or shut off utilities to force a tenant out. Such actions can result in legal liability.
3. Formal Court Process: The eviction process must be conducted through the county court system.

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 have failed to pay rent.
• Requirements: The notice must state the amount of rent due and give the tenant 3 days (excluding weekends and legal holidays) to pay or vacate the premises.

7-Day Notice for Lease Violation

• Curable Violations:
  • Purpose: To notify the tenant that they have violated a lease provision.
  • Requirements: The notice must state the violation and give the tenant 7 days to cure the violation or vacate the premises.
• Non-Curable Violations:
  • Purpose: To notify the tenant of a violation that cannot be cured.
  • Requirements: The notice must state the violation and give the tenant 7 days to vacate the premises.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Requirements: 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 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 the response is insufficient, 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.
6. Sheriff Executes Writ of Possession
   • The sheriff will execute the writ and physically remove the tenant from the property.

Mistakes That Get a Florida Eviction Dismissed

1. Defective or Miscalculated Notice
   • Using the wrong type of notice, incorrect day count (including weekends/holidays), or omitting required information can lead to dismissal.
2. Accepting Partial Rent After Serving Notice
   • Accepting partial rent after serving a 3-day notice can waive your right to evict.
3. Self-Help Actions
   • Changing locks, shutting off utilities, or removing belongings exposes you to legal liability and can result in the eviction being dismissed.
4. Suing the Wrong Party
   • Naming the wrong tenant or party in the complaint can lead to dismissal.

Frequently Asked Questions

Q: Can I change the locks if a tenant hasn't paid rent? A: No, under Florida law (Fla. Stat. 83.67), landlords cannot engage in self-help evictions by changing locks, removing belongings, or shutting off utilities. The eviction must be conducted through the formal court process.

Q: What happens if a 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 the tenant, allowing you to proceed with obtaining a writ of possession.

Q: Can I accept partial rent after serving a 3-day notice? A: No, accepting partial rent after serving a 3-day notice can waive your right to evict. It is essential to adhere strictly to the terms of the notice.

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

Q: What should I do if the tenant has abandoned the property? A: If you believe the tenant has abandoned the property, you should still follow the formal eviction process to ensure legal compliance. You may also need to secure the property and handle any remaining belongings according to Florida law.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process can be complex and time-consuming. At Louis Law Group, we are here to help Port St. Lucie landlords and property owners protect their interests and ensure compliance with Florida law. For a free case evaluation, call us at (833) 657-4812. We are committed to providing the legal support you need to handle your eviction matter effectively.