Eviction Lawyer: What Jacksonville Landlords Need to Know About Florida Residential Eviction Law

Eviction Lawyer: What Jacksonville Landlords Need to Know About Florida Residential Eviction Law

If you are a landlord or property owner in Jacksonville, Florida, and need to evict a tenant for non-payment of rent, lease violation, holdover, or the end of a month-to-month tenancy, it is crucial to understand the legal process. Louis Law Group represents landlords and property owners, not tenants, ensuring that your rights are protected throughout the eviction process.

What Florida Landlords Should Know Before Filing an Eviction in Jacksonville

Before you file for an eviction, it is essential to be aware of the specific requirements under Florida law. The Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II) governs evictions and provides a clear framework for landlords to follow. Here are some key points to consider:

1. Legal Grounds for Eviction: You can file an eviction for non-payment of rent, violation of lease terms, holdover after the lease has expired, or at 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 the eviction.
3. Formal Court Process: You must follow the formal court process to evict a tenant legally. Self-help measures are strictly prohibited and can result in legal liability.

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

Florida law requires specific notices to be served before you can file an eviction complaint. Here are the types of notices you need to know:

3-Day Notice for Non-Payment of Rent

• Purpose: To notify the tenant that they must pay the rent or vacate the premises.
• Timing: The 3 days exclude weekends and legal holidays.
• Content: The notice must state the amount of rent due, the date by which it must be paid, and the consequences of non-payment.

7-Day Notice for Lease Violation

• Purpose: To notify the tenant of a lease violation and give them an opportunity to cure the violation or vacate.
• Types:
  • Cure or Quit: For curable violations, such as noise disturbances or unauthorized pets. The tenant has 7 days to correct the violation or move out.
  • Unconditional Notice: For non-curable violations, such as criminal activity. The tenant must vacate within 7 days.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Timing: You must give at least 30 days' written notice to the tenant.
• Content: The notice should state the termination date and that the tenancy will end on that date.

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) to the tenant in accordance with Florida law.
2. File an Eviction Complaint
   • 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 serve the tenant with a summons and complaint, giving them 5 business days to respond.
4. Default Judgment
   • If the tenant does not respond or their 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 Execution
   • The sheriff will execute the writ of possession and physically remove the tenant if necessary.

Mistakes That Get a Florida Eviction Dismissed

Avoiding common mistakes is crucial to ensure your eviction process is successful. Here are some pitfalls to watch out for:

• Defective or Miscalculated Notice: Using the wrong type of notice, miscalculating the 3-day period by including weekends/holidays, or omitting required information can result in dismissal.
• Accepting Partial Rent: Accepting partial rent after serving a notice can waive your right to evict.
• Self-Help Actions: Changing locks, removing belongings, or shutting off utilities is illegal and can expose you 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 on a property if a tenant hasn't paid rent? A: No. Under Florida law, self-help evictions are strictly prohibited. You must follow the formal court process to remove a tenant legally.

Q: What happens if the tenant does not respond to the eviction complaint? A: If the tenant fails to respond within 5 business days, the clerk can enter a default judgment against them, allowing you to proceed with obtaining a writ of possession.

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

Q: How long does the eviction process typically take in Florida? A: The duration of the eviction process can vary, but it generally takes several weeks from the initial notice to the final removal by the sheriff.

Q: What should I do if the tenant claims I violated their rights during the eviction process? A: If a tenant alleges that you have violated their rights, it is crucial to consult with an attorney immediately. An experienced eviction lawyer can help you navigate these allegations and protect your interests.

Talk to a Florida Eviction Attorney for Landlords Today

If you are a landlord in Jacksonville, Florida, and need assistance with the eviction process, Louis Law Group is here to help. Our team of experienced attorneys will guide you through each step to ensure compliance with Florida law and protect your best interests. To schedule a free case evaluation, call us at (833) 657-4812 today.