Eviction Lawyer: What Fort Lauderdale Landlords Need to Know Before Filing an Eviction

Eviction Lawyer: What Fort Lauderdale Landlords Need to Know Before Filing an Eviction

If you are a landlord or property owner in Fort Lauderdale, Florida, and need to remove a tenant lawfully, it is crucial to understand the specific requirements and procedures under Florida's residential eviction laws. At Louis Law Group, we represent landlords and property owners, not tenants. Our experienced eviction lawyers can guide you through the process to ensure that your rights are protected and that the eviction is handled correctly.

What Florida Landlords Should Know Before Filing an Eviction in Fort Lauderdale

Before initiating an eviction, it is 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), which outlines the procedures for evictions.

Key Points:

1. Legal Grounds for Eviction: Common grounds 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 types of notices are required for different situations.
3. Formal Court Process: Self-help evictions (such as changing locks or shutting off utilities) are illegal and can result in liability for the landlord.

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 must pay the rent within 3 days or face eviction.
• Timing: The 3-day period excludes weekends and legal holidays. If the third day falls on a weekend or holiday, it is extended to the next business day.

7-Day Notice for Lease Violation

• Purpose: To inform the tenant of a lease violation and give them an opportunity to cure the violation or vacate.
• Types:
  • Cure or Quit: For curable violations (e.g., noise complaints), the tenant has 7 days to correct the issue.
  • Unconditional Notice: For non-curable violations (e.g., illegal activity), the tenant must vacate within 7 days.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Timing: The landlord must give at least 30 days' written notice to end the tenancy. The notice should be given before the start of the next rental period.

The Florida Eviction Process, Step by Step

Step 1: Serve the Correct Written Notice

• Ensure that the notice is accurate and complies with Florida law. Use the appropriate type of notice based on the grounds for eviction.

Step 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. The complaint should include all necessary details and be served to the tenant.

Step 3: Tenant Response

• The tenant has 5 business days to respond to the summons and complaint. If they do not respond or their response is insufficient, the clerk can enter a default against them.

Step 4: Default Judgment

• If the tenant does not respond or if the court finds in favor of the landlord, a default judgment may be entered.

Step 5: Writ of Possession

• The court issues a writ of possession, which is an order directing the sheriff to remove the tenant from the property.

Step 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

Common Landlord Mistakes:

1. Defective or Miscalculated Notice: Using the wrong type of notice, miscounting days, or omitting required information can lead to dismissal.
2. Accepting Partial Rent: Accepting partial rent after serving an eviction notice can waive the right to evict.
3. Self-Help Actions: Changing locks, shutting off utilities, or removing belongings is illegal and can result in liability for the landlord.
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, self-help evictions are illegal under Florida law. You must follow the formal court process to remove a tenant.

Q: What happens if the tenant pays the rent after receiving a 3-day notice? A: If the tenant pays the full amount of rent due within the 3-day period, the eviction process is typically halted.

Q: Can I evict a tenant for violating the lease terms? A: Yes, you can serve a 7-day notice to cure or quit. If the violation is non-curable, you can serve an unconditional 7-day notice.

Q: How long does the entire eviction process take? A: The process can vary but typically takes several weeks from serving the notice to obtaining possession of the property.

Q: What should I do if the tenant files a counterclaim? A: If the tenant files a counterclaim, it is important to consult with an experienced eviction lawyer to ensure that your rights are protected and that you have a strong defense.

Talk to a Florida Eviction Attorney for Landlords Today

If you need assistance with an eviction in Fort Lauderdale, Florida, contact Louis Law Group. Our team of experienced eviction lawyers can provide the legal guidance and representation you need to navigate the process successfully. Schedule a free case evaluation or call us at (833) 657-4812 to discuss your situation and protect your property rights.