Eviction Lawyer Near Me: Your Guide for Landlords in Fort Lauderdale, Florida

Eviction Lawyer Near Me: Your Guide for Landlords in Fort Lauderdale, Florida

If you are a landlord or property owner in Fort Lauderdale, Florida, and need to remove a tenant lawfully, an eviction lawyer near me can provide the guidance and representation you need. At Louis Law Group, we specialize in representing landlords and property owners, not tenants. Our team is dedicated to helping you navigate the complexities of Florida residential eviction laws to ensure your rights are protected.

What Florida Landlords Should Know Before Filing an Eviction in Fort Lauderdale

Before initiating the eviction process, it's crucial for landlords in Fort Lauderdale to understand the legal requirements and procedures under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). Here are some key points to consider:

1. Legal Grounds for Eviction: Common reasons for eviction include non-payment of rent, lease violations, holdover tenancy, or the end of a month-to-month tenancy.
2. Proper Notice: Serving the correct notice is essential. The type of notice depends on the reason for eviction (see below).
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.
4. Formal Court Process: Eviction must be pursued through the formal county-court process.

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

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 and provide a deadline for payment.

7-Day Notice for Lease Violation

• Curable Violations:
  • Purpose: To demand that the tenant cure the violation or vacate the premises.
  • Timing: The 7 days exclude weekends and legal holidays.
  • Content: Must specify the nature of the violation and provide a deadline to cure it.
• Non-Curable Violations:
  • Purpose: To demand that the tenant vacate the premises.
  • Timing: The 7 days exclude weekends and legal holidays.
  • Content: Must state the reason for the non-curable violation.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Timing: At least 30 days' written notice is required.
• Content: Must clearly state the termination date.

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice

   • Ensure the notice is accurate and complies with Florida law. Use a process server or certified mail to serve the notice.

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

1. Defective or Miscalculated Notice
   • Using the wrong type of notice, miscounting days by including weekends/holidays, or omitting required information can lead to dismissal.
2. Accepting Partial Rent After Serving the Notice
   • Accepting partial rent after serving a 3-day notice for non-payment can waive the eviction.
3. Self-Help Actions
   • Changing locks, shutting off utilities, or removing belongings exposes the landlord to liability and can result in dismissal.
4. 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 if a tenant hasn't paid rent? A: No, changing locks is considered a self-help eviction and is illegal under Florida law. You must follow the formal court process.

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.

Q: Can I accept partial rent after serving a 3-day notice? A: No, accepting partial rent can waive your right to proceed with the eviction.

Q: How long does the eviction process typically take? A: The process can vary but generally takes several weeks from filing the complaint to obtaining possession of the property.

Q: Can I evict a tenant for a lease violation that is not listed in the lease agreement? A: No, you must have a valid and specific reason for eviction as outlined in the lease agreement or Florida law.

Talk to a Florida Eviction Attorney for Landlords Today

If you are a landlord in Fort Lauderdale, Florida, and need assistance with an eviction, contact Louis Law Group. Our experienced attorneys can guide you through the process and protect your legal rights. Schedule a free case evaluation or call us at (833) 657-4812 to get started.