Eviction Lawyer Near Me: Jacksonville Landlords and Property Owners’ Guide to Florida Eviction Law

Eviction Lawyer Near Me: Jacksonville Landlords and Property Owners’ Guide to Florida Eviction Law

If you're searching for an "eviction lawyer near me" because you need to remove a tenant from your property in Jacksonville, Florida, Louis Law Group is here to help. 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 about Florida residential eviction law under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II).

What Florida Landlords Should Know Before Filing an Eviction in Jacksonville

Before initiating an eviction, it's crucial to understand your legal obligations and rights as a landlord in Jacksonville. The process can be complex, but with the right knowledge and legal representation, you can navigate it smoothly.

Key Points for Landlords:

• Legal Grounds: You must have a valid reason for eviction, such as non-payment of rent, lease violations, or the end of a tenancy.
• Proper Notice: Serving the correct notice is critical. Improper notices can lead to dismissal and delays.
• Formal Process: Evictions must be handled through the county court system. Self-help evictions are illegal and can result in liability.

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

In Florida, different types of eviction 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.

7-Day Notice for Lease Violation

• Curable Violations:
  • Purpose: To notify the tenant of a curable lease violation and give them 7 days to correct it or vacate the property.
• Non-Curable Violations:
  • Purpose: To inform the tenant that they must vacate the property within 7 days due to a non-curable lease violation.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Timing: The landlord must give at least 30 days' written notice.

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) to the tenant in accordance with Florida law.

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. Service of 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 their response is insufficient, the clerk can enter a default judgment against the tenant.

5. Writ of Possession

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

6. Sheriff Execution

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

Mistakes That Get a Florida Eviction Dismissed

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

• Defective or Miscalculated Notice: Ensure the notice type, day count, and required information are correct.
• 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 can expose you to liability.
• Suing the Wrong Party: Ensure you name the correct tenant(s) in your complaint.

Frequently Asked Questions

Q: Can I evict a tenant for non-payment of rent without going to court? A: No. Self-help evictions, such as changing locks or shutting off utilities, are illegal under Florida law (Fla. Stat. 83.67). You must follow the formal county-court eviction process.

Q: How long does the eviction process typically take in Jacksonville? A: The timeline can vary, but generally, it takes a few weeks from serving the notice to obtaining possession of the property, depending on court schedules and tenant responses.

Q: What should I do if the tenant claims they paid rent? A: If the tenant disputes non-payment, you must provide proof of non-payment. Keep detailed records of all communications and transactions with your tenants.

Q: Can I evict a tenant for violating a no-pets clause in the lease? A: Yes, but you must serve a 7-day notice to cure or quit. If the tenant does not remove the pet within 7 days, you can proceed with eviction.

Q: What happens if the tenant files for bankruptcy during the eviction process? A: A bankruptcy filing typically triggers an automatic stay, which halts all collection actions, including evictions. You will need to file a motion in bankruptcy court to lift the stay.

Talk to a Florida Eviction Attorney for Landlords Today

If you are a landlord or property owner in Jacksonville and need assistance with an eviction, Louis Law Group is here to help. We provide experienced legal representation to ensure your rights are protected. Contact us today for a free case evaluation or call (833) 657-4812 to discuss your options.