Finding an Eviction Lawyer Near Me: A Guide for Landlords in Hialeah, Florida

Finding an Eviction Lawyer Near Me: A Guide for Landlords in Hialeah, Florida

If you are a landlord or property owner in Hialeah, Florida, and need to remove a tenant lawfully, finding an eviction lawyer near me is crucial. Louis Law Group represents landlords and property owners, not tenants, ensuring your rights are protected throughout the eviction process. This guide will provide essential information on Florida residential eviction laws, helping you navigate this complex legal landscape.

What Florida Landlords Should Know Before Filing an Eviction in Hialeah

Before initiating an eviction, it is vital to understand the specific requirements and procedures 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.

Key Points:

• Proper Notice: Serving the correct notice is crucial. Different situations require different types of notices.
• Formal Process: Evictions must be handled through the county court system; self-help actions are illegal and can result in liability.
• Legal Representation: Consulting with an experienced eviction lawyer near me, such as Louis Law Group, can help ensure compliance and increase your chances of a successful outcome.

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 an address where the tenant can pay.

7-Day Notice for Lease Violation

• Curable Violations:

  • Purpose: To notify the tenant to cure the violation or vacate within 7 days.
  • Timing: The 7 days include all days, including weekends and holidays.
  • Content: Must specify the nature of the violation and how it can be cured.

• Non-Curable Violations:

  • Purpose: To notify the tenant to vacate within 7 days.
  • Timing: The 7 days include all days, including weekends and holidays.
  • Content: Must state that the violation is non-curable and the tenant must vacate.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Timing: At least 30 days' written notice must be given.
• Content: Must clearly state the termination 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) on 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 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

   • The sheriff will execute the writ of possession and physically remove the tenant if necessary.

Mistakes That Get a Florida Eviction Dismissed

• 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 the notice can waive the eviction.
• Self-Help Actions: Changing locks, removing belongings, or shutting off utilities is illegal and exposes you to liability.
• 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 or shut off utilities to force a tenant out? A: No. Under Florida law, self-help actions are illegal and can expose you to liability. You must follow the formal eviction process through the county court.

Q: What happens if the tenant does not 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 the tenant, 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 can waive the eviction and require you to start the process over.

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

Q: What should I do if the tenant files for bankruptcy during the eviction process? A: If the tenant files for bankruptcy, the eviction proceedings will be automatically stayed. You should consult with an experienced eviction lawyer near me to understand your options and next steps.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process can be complex and stressful. At Louis Law Group, we are dedicated to representing landlords and property owners in Hialeah, Florida. Our team of experienced attorneys will guide you through each step, ensuring compliance with Florida law and protecting your best interests.

To schedule a free case evaluation or learn more about our services, call us today at (833) 657-4812.