Navigating Florida Eviction Law: A Guide for Landlords and Property Owners in Hollywood

Navigating Florida Eviction Law: A Guide for Landlords and Property Owners in Hollywood

If you're a landlord or property owner in Hollywood, Florida, and are considering an eviction, it's crucial to understand the legal process and your rights. An experienced eviction lawyer can guide you through this complex procedure to ensure compliance with 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, ensuring that your best interests are protected.

What Florida Landlords Should Know Before Filing an Eviction in Hollywood

Before initiating an eviction, it's essential to understand the specific requirements and procedures set forth by Florida law. The most common reasons for eviction include non-payment of rent, lease violations, holdover tenancy, and the end of a month-to-month tenancy. Each scenario requires a different type of notice and process.

Key Points:

• Non-Payment of Rent: A 3-day notice is required.
• Lease Violations: A 7-day notice to cure or quit (for curable violations) or an unconditional 7-day notice (for non-curable violations).
• Month-to-Month Tenancy: At least 30 days' written notice is necessary.

No Self-Help Evictions

Under Florida Statute 83.67, landlords are prohibited from engaging in self-help evictions. This means you cannot change the locks, remove the tenant's belongings, or shut off utilities to force a tenant out. Such actions can expose you to legal liability and financial penalties. The only lawful way to remove a tenant is through the formal county-court eviction process.

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

3-Day Notice for Non-Payment of Rent

A 3-day notice must be served when a tenant fails to pay rent on time. The 3 days exclude weekends and legal holidays. If the tenant pays the full amount due within this period, they can remain in the property. However, if they fail to do so, you can proceed with filing an eviction complaint.

7-Day Notice for Lease Violations

For lease violations, a 7-day notice is required. This notice can be either:

• Notice to Cure or Quit: For curable violations, such as noise disturbances or unauthorized pets.
• Unconditional Notice: For non-curable violations, like criminal activity on the premises.

Month-to-Month Tenancy

To end a month-to-month tenancy, you must provide at least 30 days' written notice. This notice should be clear and specific, outlining the date by which the tenant must vacate the property.

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice

   • Ensure that the notice is accurate and complies with Florida law. Use a 3-day notice for non-payment of rent, a 7-day notice for lease violations, or a 30-day notice for month-to-month tenancies.

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. This document should include all necessary information and be served to the tenant properly.

3. Serve the Tenant with Summons and Complaint

   • The tenant will receive a summons and complaint and has 5 business days to respond. If they do not respond or their response is insufficient, you can proceed to the next step.

4. Default Judgment

   • If the tenant does not respond within the allotted time, the clerk of the court can enter a default judgment against them.

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, miscounting days (including weekends/holidays), or omitting required information can lead to dismissal.
• Accepting Partial Rent: Accepting partial rent after serving a 3-day notice can waive your right to evict.
• Self-Help Actions: Engaging in self-help evictions, such as changing locks or shutting off utilities, is illegal and can result in liability.
• Suing the Wrong Party: Naming the wrong tenant or party in the eviction complaint can also lead to dismissal.

Frequently Asked Questions

Q: Can I change the locks if a tenant hasn't paid rent? A: No, you cannot change the locks or engage in any self-help evictions. You must follow the formal court process to remove a tenant legally.

Q: What happens if the tenant pays the rent after I serve a 3-day notice? A: If the tenant pays the full amount of rent due within the 3 days, they can remain in the property, and you cannot proceed with the eviction.

Q: How long does the eviction process typically take? A: The duration can vary, but it generally takes several weeks from serving the notice to the final removal by the sheriff. Factors such as court schedules and tenant responses can affect the timeline.

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

Q: What should I do if the tenant files a counterclaim? A: If the tenant files a counterclaim, it's important to consult with an eviction lawyer to ensure you are prepared and can respond appropriately in court.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process can be complex and stressful. At Louis Law Group, we have extensive experience representing landlords and property owners in Hollywood, Florida. Our team is dedicated to protecting your rights and ensuring that the eviction process is handled correctly and efficiently. To discuss your case and receive a free case evaluation, call us at (833) 657-4812. Let us help you protect your investment and maintain compliance with Florida law.