Eviction Lawyer: Navigating Florida Residential Eviction Law for Lakeland Landlords

Eviction Lawyer: Navigating Florida Residential Eviction Law for Lakeland Landlords

If you're a landlord or property owner in Lakeland, Florida, and need to evict a tenant, 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, ensuring that you can lawfully remove non-compliant tenants while protecting your investment.

What Florida Landlords Should Know Before Filing an Eviction in Lakeland

Before initiating the eviction process, it's essential to know the specific requirements and potential pitfalls. The Florida Residential Landlord and Tenant Act provides a clear framework for evictions, but failing to follow these guidelines can result in legal complications and delays.

Key Points:

• Legal Representation: Louis Law Group specializes in representing landlords and property owners in eviction proceedings.
• Compliance with Statutes: Adhering to the Florida Residential Landlord and Tenant Act is crucial to avoid legal issues.
• Proper Notice: Serving the correct notice is the first step in a successful eviction.

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

In Florida, different types of notices are required depending on the reason for the eviction. Here’s a breakdown of the most common notices:

3-Day Notice for Non-Payment of Rent

• Purpose: To demand payment of rent or vacate the premises.
• Timing: The 3 days exclude weekends and legal holidays.
• Content: Must state the amount of rent due, the date it was due, and that the tenant must pay within 3 days to avoid eviction.

7-Day Notice for Lease Violation

• Purpose: To address a curable or non-curable lease violation.
• Timing: The notice gives the tenant 7 days to cure the violation or vacate the premises.
• Content:
  • For a curable violation: Must state the specific violation and that the tenant has 7 days to correct it or move out.
  • For a non-curable violation: Must state the specific violation and that 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.
• Content: Must clearly state the termination date, which should be at the end of the rental period.

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.
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 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 judgment against the tenant.
5. Writ of Possession
   • The court issues 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

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

• Defective or Miscalculated Notice: Using the wrong type of notice, miscounting days by 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 the right to evict.
• Self-Help Actions: Changing locks, removing belongings, or shutting off utilities is illegal and exposes you to liability under Fla. Stat. 83.67.
• 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 on my property if a tenant hasn't paid rent? A: No, self-help actions such as changing locks, removing belongings, or shutting off utilities are illegal under Florida law. You must follow the formal eviction process through the 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 obtaining a writ of possession.

Q: Can I accept partial rent after serving a 3-day notice? A: Accepting partial rent after serving a 3-day notice can waive your right to evict. It’s best to avoid accepting any payment until the eviction process is complete.

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

Q: What should I do if the tenant claims they paid rent in full? A: Keep detailed records of all transactions and communications. If a dispute arises, you may need to provide evidence to the court that the rent was not paid as required.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process can be complex, but Louis Law Group is here to help. Our experienced attorneys will guide you through each step to ensure your rights are protected and the process is handled correctly. If you need legal assistance with an eviction in Lakeland, contact us today at (833) 657-4812 or qualify for a free case evaluation.