Navigating Florida Eviction Law: A Guide for Landlords and Property Owners in Miramar, Florida by an Experienced Eviction Lawyer

Navigating Florida Eviction Law: A Guide for Landlords and Property Owners in Miramar, Florida by an Experienced Eviction Lawyer

If you are a landlord or property owner in Miramar, Florida, and need to remove a tenant lawfully, it is crucial to understand the legal process. At Louis Law Group, we represent landlords and property owners, not tenants, ensuring that your rights are protected throughout the eviction process. This guide will provide you with essential information on Florida residential eviction laws, including the types of notices required, the step-by-step process, common mistakes to avoid, and frequently asked questions.

What Florida Landlords Should Know Before Filing an Eviction in Miramar

Before initiating an eviction, it is important to be aware of the specific requirements under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act outlines the procedures for evicting a tenant due to non-payment of rent, lease violations, holdover tenancy, or the end of a month-to-month tenancy. Here are some key points to consider:

1. Legal Grounds for Eviction: You must have a valid reason for eviction, such as non-payment of rent, violation of lease terms, damage to the property, or the tenant's refusal to leave after the lease has expired.
2. Proper Notice: Serving the correct notice is crucial. The type of notice depends on the reason for eviction.
3. Formal Court Process: Evictions must be processed through the county court system. Self-help evictions are illegal and can result in legal consequences.

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

In Florida, different types of notices are required based on the reason for eviction:

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.
• 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 inform the tenant that they must cure a lease violation or vacate the premises within 7 days.
• Types:
  • Curable Violation: The tenant has 7 days to correct the violation (e.g., removing an unauthorized pet).
  • Non-Curable Violation: The tenant has 7 days to vacate the property if the violation cannot be cured (e.g., illegal activity).

Month-to-Month Tenancy

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

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice
   • Ensure that the notice is served correctly and in accordance with Florida law. Use certified mail or a process server to document delivery.
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 issue a summons and complaint, which must be served on the tenant. This can be done by a sheriff or process server.
4. Tenant Response
   • The tenant has 5 business days to respond to the complaint. If they do not respond, or their response is insufficient, the clerk can enter a default against them.
5. Default Judgment and Writ of Possession
   • If a default is entered, the court will issue a writ of possession.
6. Sheriff Executes the Writ of Possession
   • The sheriff will execute the writ of possession and remove the tenant from the property.

Mistakes That Get a Florida Eviction Dismissed

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

• Defective or Miscalculated Notice: Ensure that the notice type, day count, and required information are correct. Miscounting the 3-day period by including weekends or holidays can lead to dismissal.
• Accepting Partial Rent: Accepting partial rent after serving a notice can waive your right to eviction.
• Self-Help Actions: Do not change locks, remove belongings, or shut off utilities to force a tenant out. These actions are illegal and can result in liability under Fla. Stat. 83.67.
• Suing the Wrong Party: Ensure that you name the correct tenants in your complaint. Suing the wrong party can lead to dismissal.

Frequently Asked Questions

Q: Can I evict a tenant for non-payment of rent if they have not paid for two months? A: Yes, you can serve a 3-day notice for non-payment of rent. If the tenant does not pay within the 3 days (excluding weekends and holidays), you can file an eviction complaint.

Q: What should I do if the tenant pays part of the rent after I serve the 3-day notice? A: Accepting partial rent can waive your right to eviction. It is best to reject any partial payments and proceed with the eviction process.

Q: Can I remove a tenant's belongings from the property without going through the court process? A: No, self-help evictions are illegal in Florida. You must follow the formal county-court eviction process to remove a tenant lawfully.

Q: How long does the eviction process typically take? A: The process can vary depending on the court's schedule and the tenant's response. Generally, it can take several weeks from serving the notice to the sheriff executing 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 due to the automatic stay. You will need to file a motion with the bankruptcy court to lift the stay and proceed with the eviction.

Talk to a Florida Eviction Attorney for Landlords Today

If you are a landlord or property owner in Miramar, Florida, and need assistance with an eviction, contact Louis Law Group today. Our experienced eviction lawyers can guide you through the process and protect your best interests. Schedule a free case evaluation or call us at (833) 657-4812 to get started.