Eviction Lawyer Near Me: What Hollywood Landlords Need to Know

Eviction Lawyer Near Me: What Hollywood Landlords Need to Know

If you're searching for an "eviction lawyer near me" because you need to remove a tenant from your property in Hollywood, Florida, Louis Law Group is here to help. We represent landlords and property owners, not tenants, ensuring that you navigate the eviction process correctly and efficiently.

What Florida Landlords Should Know Before Filing an Eviction in Hollywood

Before initiating the eviction process, it's crucial for Hollywood landlords to understand their legal obligations under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act provides a clear framework for evictions, ensuring that both landlords and tenants are treated fairly.

Key Points to Consider:

1. Legal Grounds for Eviction: Common grounds include non-payment of rent, lease violations, holdover tenancy (tenant staying beyond the lease term), and 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.
3. Avoid Self-Help Evictions: Landlords cannot change locks, remove belongings, or shut off utilities to force a tenant out. Such actions can result in legal liability.

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 within 3 days.
• Calculation: The 3-day period excludes weekends and legal holidays.
• Consequence: If the tenant does not pay the full amount by the end of the 3 days, you can proceed with filing an eviction complaint.

7-Day Notice for Lease Violation

• Purpose: To address a curable or non-curable lease violation.
• Types:
  • Curable Violation: Tenant has 7 days to correct the violation.
  • Non-Curable Violation: Tenant must vacate within 7 days.
• Consequence: If the tenant fails to comply, you can file an eviction complaint.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Notice Requirement: Landlord must give at least 30 days' written notice.
• Consequence: The tenant must vacate by the end of the 30-day period.

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 court will issue a summons, which must be served on the tenant. 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, miscounting days, or omitting required information can lead to dismissal.
2. Accepting Partial Rent After Serving Notice
   • Accepting partial rent after serving a 3-day notice can waive your right to eviction.
3. Self-Help Actions
   • Changing locks, shutting off utilities, or removing belongings exposes you to legal liability.
4. Suing the Wrong Party
   • Naming the wrong tenant or party in the complaint can result in 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 gives the tenant an opportunity to pay the rent and avoid eviction.

Q: What happens if the tenant pays the rent after receiving a 3-day notice? A: If the tenant pays the full amount of rent due by the end of the 3-day period, you cannot proceed with the eviction.

Q: Can I remove a tenant's belongings myself to force them out? A: No, self-help evictions are illegal in Florida. You must go through the formal court process to remove a tenant legally.

Q: What if the tenant files for bankruptcy during the eviction process? A: A tenant's bankruptcy filing can temporarily halt the eviction process. However, you may still be able to proceed with the eviction under certain circumstances.

Q: How long does the entire eviction process typically take? A: The duration varies but generally takes a few weeks from serving the notice to the sheriff executing the writ of possession.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process can be complex and time-consuming. At Louis Law Group, we specialize in representing landlords and property owners in Hollywood, Florida. Our experienced attorneys will guide you through each step to ensure your rights are protected.

If you need legal assistance with an eviction, contact us for a free case evaluation or call us at (833) 657-4812. We are here to help you achieve the best possible outcome in your eviction case.