Miami Eviction Lawyer: What Landlords Need to Know Before Filing an Eviction

Miami Eviction Lawyer: What Landlords Need to Know Before Filing an Eviction

An eviction lawyer can be a crucial ally for landlords and property owners in Miami, Florida, especially when it comes to navigating the complex legal landscape of tenant removals. At Louis Law Group, we represent landlords and property owners, not tenants, ensuring that your rights are protected throughout the eviction process. Whether you're dealing with non-payment of rent, lease violations, holdover tenants, or the end of a month-to-month tenancy, it's essential to understand Florida's residential eviction laws.

What Florida Landlords Should Know Before Filing an Eviction in Miami

Before initiating an eviction, landlords must be aware of several key points under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act provides a framework for lawful tenant removals, ensuring that both parties are treated fairly.

1. Proper Notice: Serving the correct notice is crucial. The type of notice depends on the reason for eviction.
2. Legal Compliance: Landlords must follow all legal procedures to avoid dismissal of the eviction case.
3. No Self-Help Evictions: Landlords cannot change locks, remove belongings, or shut off utilities to force a tenant out. Such actions are illegal and can result in liability.

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

3-Day Notice for Non-Payment of Rent

A 3-day notice is required when a tenant fails to pay rent on time. The 3 days exclude weekends and legal holidays. This notice must clearly state the amount owed and inform the tenant that they have 3 days to pay or face eviction.

7-Day Notice for Lease Violation

For lease violations, landlords can issue a 7-day notice. If the violation is curable (e.g., noise complaints), the notice should give the tenant 7 days to correct the issue. For non-curable violations (e.g., illegal activities), an unconditional 7-day notice can be served.

Month-to-Month Tenancy

To terminate a month-to-month tenancy, landlords must provide at least 30 days' written notice. This notice should clearly state the termination date and any other relevant details.

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice

   • Ensure the notice is accurate and complies with Florida law.
   • Deliver the notice in a manner that can be legally documented (e.g., certified mail).

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 court will serve the tenant with a summons and complaint.
   • The tenant has 5 business days to respond.

4. Default Judgment if No Response

   • If the tenant does not respond or provides an insufficient response, the clerk can enter a default judgment against the tenant.

5. Writ of Possession Issued by the Court

   • The court will issue a writ of possession, which authorizes the sheriff to remove the tenant.

6. Sheriff Executes the Writ of Possession

   • The sheriff will execute the writ and physically remove the tenant from the property.

Mistakes That Get a Florida Eviction Dismissed

1. Defective or Miscalculated Notice
   • Using the wrong type of notice, incorrect day count, or omitting required information can lead to dismissal.
2. Accepting Partial Rent After Serving Notice
   • 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.
4. Suing the Wrong Party
   • Naming the wrong tenant or party in the complaint can lead to dismissal.

Frequently Asked Questions

Q: Can I evict a tenant for non-payment of rent without giving notice? A: No, you must serve a 3-day notice before filing an eviction complaint. The notice should clearly state the amount owed and inform the tenant that they have 3 days to pay or face eviction.

Q: What happens if the tenant pays the rent after I file the eviction complaint? A: If the tenant pays the full amount of rent due, plus any court costs and attorney fees, before a judgment is entered, the case can be dismissed. However, accepting partial payment can waive your right to evict.

Q: Can I change the locks or shut off utilities to force a tenant out? A: No, these actions are illegal under Florida law. You must follow the formal eviction process through the county court.

Q: How long does the eviction process typically take? A: The process can vary but generally takes several weeks from serving the notice to the sheriff's execution of the writ of possession.

Q: What if the tenant files for bankruptcy during the eviction process? A: A tenant filing for bankruptcy can temporarily halt the eviction process. You should consult with an attorney to understand your options and next steps.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process in Miami, Florida, can be complex and challenging. At Louis Law Group, we are dedicated to protecting the rights of landlords and property owners. If you need assistance with an eviction or have any questions about your legal options, contact us today for a free case evaluation at (833) 657-4812. Our experienced attorneys are here to help ensure that your interests are protected.