Eviction Lawyer Near Me: What Miami Landlords Need to Know About Florida Residential Eviction Law

Eviction Lawyer Near Me: What Miami Landlords Need to Know About Florida Residential Eviction Law

If you are a landlord or property owner in Miami, Florida, and you need an eviction lawyer near me, Louis Law Group is here to help. We specialize in representing landlords and property owners who need to lawfully remove tenants for non-payment of rent, lease violations, holdover tenancies, or the end of a month-to-month tenancy. Navigating the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II) can be complex, but our experienced attorneys are here to guide you through the process.

What Florida Landlords Should Know Before Filing an Eviction in Miami

Before initiating an eviction, it is crucial for landlords to understand their legal obligations and the specific procedures required under Florida law. Here are some key points to consider:

1. Notice Requirements: Florida law requires landlords to serve tenants with a written notice before filing an eviction complaint. The type of notice depends on the reason for the eviction:

   • 3-Day Notice for Non-Payment of Rent: This notice must be given when a tenant fails to pay rent. The 3 days exclude weekends and legal holidays.
   • 7-Day Notice for Lease Violation: For curable violations, the landlord must give a 7-day notice to cure or quit. For non-curable violations, an unconditional 7-day notice is required.
   • 30-Day Notice for Month-to-Month Tenancy: To terminate a month-to-month tenancy, the landlord must provide at least 30 days' written notice.

2. No Self-Help Evictions: Under Florida Statute 83.67, landlords are prohibited from taking self-help actions to remove tenants. This includes changing locks, removing belongings, or shutting off utilities. Such actions can expose the landlord to legal liability and financial penalties.

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

3-Day Notice for Non-Payment of Rent

• Purpose: To inform the tenant that they must pay the outstanding rent within 3 days or face eviction.
• Exclusions: The 3-day period excludes weekends and legal holidays.
• Consequences: If the tenant does not pay the full amount by the end of the 3-day period, the landlord can proceed with filing an eviction complaint.

7-Day Notice for Lease Violation

• Curable Violations: For violations that can be remedied, the landlord must give a 7-day notice to cure or quit. If the tenant does not correct the violation within 7 days, the landlord can file an eviction.
• Non-Curable Violations: For violations that cannot be remedied, such as criminal activity, the landlord can issue an unconditional 7-day notice.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Notice Period: The landlord must provide at least 30 days' written notice to end the tenancy.

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice: Ensure that the appropriate notice (3-day, 7-day, or 30-day) is served 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. 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 provides an insufficient response, 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

1. Defective or Miscalculated Notice: Using the wrong type of notice, miscalculating the 3-day period by including weekends/holidays, or omitting required information can lead to dismissal.
2. Accepting Partial Rent: Accepting partial rent after serving a notice can waive the eviction and require the landlord to start the process over.
3. Self-Help Actions: Engaging in self-help actions such as lockouts, utility shutoffs, or removing belongings can result in legal penalties and dismissal of the eviction case.
4. Suing the Wrong Party: Naming the wrong tenant or party in the complaint can lead to a dismissed case.

Frequently Asked Questions

Q: Can I change the locks if my tenant hasn't paid rent? A: No, Florida law prohibits landlords from changing locks, removing belongings, or shutting off utilities to force a tenant out. These actions are considered self-help and can result in legal penalties.

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 the tenant, allowing the eviction process to proceed more quickly.

Q: Can I accept partial rent after serving a notice? A: No, accepting partial rent after serving a notice can waive the eviction and require you to start the process over. It is best to avoid accepting any payment until the issue is resolved through the court.

Q: How long does the entire eviction process take? A: The duration of the eviction process can vary depending on the specific circumstances and the court's schedule. Generally, it can take several weeks from serving the notice to the final removal by the sheriff.

Q: Can I evict a tenant for criminal activity? A: Yes, if a tenant engages in criminal activity that violates the lease, you can issue an unconditional 7-day notice and proceed with eviction.

Talk to a Florida Eviction Attorney for Landlords Today

If you are a landlord or property owner in Miami facing the need to evict a tenant, it is essential to consult with an experienced eviction attorney. Louis Law Group has the expertise to guide you through the process and protect your legal rights. To schedule a free case evaluation, call us at (833) 657-4812. We are here to help you navigate Florida's residential eviction laws and ensure that your interests are protected.