Eviction Attorney: What St. Petersburg Landlords Need to Know Before Filing an Eviction

Eviction Attorney: What St. Petersburg Landlords Need to Know Before Filing an Eviction

If you are a landlord or property owner in St. Petersburg, Florida, and need to remove a tenant lawfully, it's crucial to understand the legal process and your rights under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). At Louis Law Group, we represent landlords and property owners, not tenants. Our experienced eviction attorneys can guide you through the complexities of the eviction process to ensure compliance with Florida law.

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

Before initiating an eviction, it's essential to understand the legal framework and requirements. The Florida Residential Landlord and Tenant Act provides specific guidelines for evictions, including the types of notices required, the process for filing a complaint, and the steps involved in removing a tenant.

Key Points:

1. Types of Eviction Notices: Depending on the reason for eviction, different notices are required.
2. No Self-Help Evictions: Landlords cannot change locks, remove belongings, or shut off utilities to force a tenant out.
3. Formal Court Process: The eviction must be processed 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 inform the tenant that they have failed to pay rent.
• Requirements: The notice must state the amount of rent due and provide the tenant with 3 days (excluding weekends and legal holidays) to pay the full amount or vacate the premises.

7-Day Notice for Lease Violation

• Purpose: To address a violation of the lease agreement.
• Types:
  • Cure or Quit: For curable violations, the notice must give the tenant 7 days to correct the issue or move out.
  • Unconditional Quit: For non-curable violations, the notice must inform the tenant that they have 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 the notice is accurate and complies with Florida law. Serve it in a manner that can be legally documented (e.g., certified mail, personal delivery).

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.

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 will issue a writ of possession, which authorizes the sheriff to remove the tenant from the property.

6. Sheriff Executes the Writ of Possession

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

Mistakes That Get a Florida Eviction Dismissed

Common Landlord Mistakes:

• Defective or Miscalculated Notice: Using the wrong type of notice, incorrect day count, 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 exposes the landlord to liability.
• 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 to force a tenant out? A: No. Under Florida law (Fla. Stat. 83.67), landlords cannot engage in self-help evictions. Changing locks, removing belongings, or shutting off utilities is illegal and can result in liability.

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 the tenant. This allows the eviction process to proceed more quickly.

Q: Can I accept partial rent after serving an eviction notice? A: No. Accepting partial rent after serving an eviction notice can waive your right to evict the tenant. It is crucial to avoid accepting any payment that could be construed as a partial rent payment.

Q: How long does the entire eviction process typically take? A: The duration of the eviction process can vary depending on court schedules and the tenant's response. Generally, it can take anywhere from a few weeks to several months.

Q: What should I do if the tenant claims I did not serve them properly? A: Proper service is crucial. If the tenant disputes service, you may need to provide evidence that the notice was served correctly (e.g., certified mail receipt, witness affidavit). Consulting with an eviction attorney can help ensure proper service.

Talk to a Florida Eviction Attorney for Landlords Today

If you are a landlord in St. Petersburg, Florida, and need assistance with the eviction process, Louis Law Group is here to help. Our experienced attorneys can provide legal guidance and representation to protect your rights and interests. To schedule a free case evaluation, call us at (833) 657-4812. We are committed to helping you navigate the eviction process efficiently and effectively.