Navigating Florida Eviction Law: What Landlords Need to Know with an Eviction Attorney

Navigating Florida Eviction Law: What Landlords Need to Know with an Eviction Attorney

If you are a landlord or property owner in Tampa, Florida, and need to remove a tenant lawfully, it's crucial to understand the intricacies of Florida eviction law. At Louis Law Group, we represent landlords and property owners, not tenants, ensuring your rights are protected throughout the eviction process. This article will guide you through what you should know before filing an eviction in Tampa, the types of eviction notices required, the step-by-step eviction process, common mistakes to avoid, and frequently asked questions.

What Florida Landlords Should Know Before Filing an Eviction in Tampa

Before initiating an eviction, it's essential to understand that Florida law is governed by the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act outlines specific procedures and requirements for landlords to follow. Here are some key points:

1. Legal Grounds for Eviction: Common grounds for eviction include non-payment of rent, lease violations, holdover tenancy, or the end of a month-to-month tenancy.
2. Proper Notice: Serving the correct notice is crucial. The type of notice depends on the reason for eviction (e.g., 3-day notice for non-payment of rent).
3. Formal Court Process: Evictions must be handled through the formal county-court process. Self-help evictions, such as changing locks or shutting off utilities, are illegal and can result in liability.
4. Legal Representation: Consulting with an eviction attorney can help ensure that you follow all legal requirements and increase your chances of a successful eviction.

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

Florida law requires specific notices for different types of evictions:

1. 3-Day Notice for Non-Payment of Rent: This notice gives the tenant 3 days to pay the rent in full or vacate the property. The 3-day period excludes weekends and legal holidays.
2. 7-Day Notice for Lease Violation:
   • For curable violations, this is a notice to cure the violation or quit (vacate) within 7 days.
   • For non-curable violations, it is an unconditional 7-day notice requiring the tenant to vacate.
3. Month-to-Month Tenancy: To end a month-to-month tenancy, the landlord must give at least 30 days' written notice.

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: If the tenant does not comply with the notice, file an eviction complaint in county court for the county where the property is located.
3. Service of 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 against the tenant.
5. Writ of Possession: The court will issue a writ of possession.
6. Sheriff Execution: The sheriff will execute the writ of possession and remove the tenant.

Mistakes That Get a Florida Eviction Dismissed

Avoiding common mistakes is crucial to ensure your eviction process goes smoothly:

1. Defective or Miscalculated Notice: Using the wrong type of notice, miscalculating the 3-day period by 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, shutting off utilities, or removing belongings is illegal and can expose you to liability.
4. Suing the Wrong Party: Naming the wrong tenant or party in the complaint can result in dismissal.

Frequently Asked Questions

Q: Can I change the locks if a tenant hasn't paid rent? A: No, changing locks, shutting off utilities, or removing belongings is illegal under Florida law. You must follow the formal eviction process through county court.

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, allowing you to proceed with the eviction.

Q: Can I accept partial rent after serving a notice? A: No, accepting partial rent after serving an eviction notice can waive your right to evict the tenant. It's best to consult with an eviction attorney before accepting any payment.

Q: How long does the entire eviction process take? A: The duration can vary depending on court schedules and the complexity of the case. Generally, it can take a few weeks from serving the notice to the sheriff executing the writ of possession.

Q: Do I need an attorney for an eviction? A: While not mandatory, consulting with an eviction attorney can help ensure you follow all legal requirements and increase your chances of a successful eviction.

Talk to a Florida Eviction Attorney for Landlords Today

If you are a landlord or property owner in Tampa, Florida, and need assistance with the eviction process, Louis Law Group is here to help. We represent landlords and property owners, ensuring your rights are protected. To get started, qualify for a free case evaluation or call us at (833) 657-4812. Our experienced attorneys will guide you through the process and work to achieve the best outcome for your situation.