Eviction Lawyer Near Me: What Orlando Landlords Need to Know

Eviction Lawyer Near Me: What Orlando 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 Orlando, 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 article will guide you through what you need to know before filing an eviction, the types of eviction notices required, the step-by-step eviction process, common mistakes to avoid, and frequently asked questions.

What Florida Landlords Should Know Before Filing an Eviction in Orlando

Before initiating an eviction, it's crucial for landlords in Orlando to understand their legal obligations under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act provides a framework for handling various tenant issues, including non-payment of rent, lease violations, holdover tenants, and the end of month-to-month tenancies.

Key Points to Consider:

1. Compliance with Notice Requirements: Serving the correct notice is essential. Failure to do so can result in the eviction being dismissed.
2. Avoid Self-Help Evictions: Under Florida law, landlords cannot change locks, remove belongings, or shut off utilities to force a tenant out. Such actions are illegal and can expose you to liability.
3. Legal Representation: Consulting with an experienced eviction lawyer near me can help ensure that your eviction process is handled correctly and efficiently.

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

3-Day Notice for Non-Payment of Rent

A 3-day notice must be served when a tenant fails to pay rent on time. The 3 days exclude weekends and legal holidays. This notice gives the tenant an opportunity to pay the outstanding rent or vacate the premises.

7-Day Notice for Lease Violation

For lease violations, landlords can serve a 7-day notice:

• Curable Violations: A 7-day notice to cure the violation or quit.
• Non-Curable Violations: An unconditional 7-day notice requiring the tenant to vacate the premises.

Month-to-Month Tenancy Termination

To end a month-to-month tenancy, landlords must provide at least 30 days' written notice. This notice should be served before the start of the next rental period.

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 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 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

Common Landlord Mistakes:

• Defective or Miscalculated Notice: Using the wrong type of notice, miscalculating the 3-day period by including weekends/holidays, or omitting required information.
• Accepting Partial Rent: Accepting partial rent after serving a notice can waive your right to evict.
• Self-Help Actions: Engaging in self-help actions such as lockouts, utility shutoffs, or removing belongings.
• Suing the Wrong Party: Naming the wrong tenant or party in the eviction complaint.

Frequently Asked Questions

Q: Can I change the locks if a tenant hasn't paid rent? A: No, under Florida law, landlords cannot change locks, remove belongings, or shut off utilities to force a tenant out. The only legal way to evict a tenant is through the formal county-court eviction 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 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 after serving an eviction notice can waive your right to evict. It's important to avoid this to maintain the validity of your eviction process.

Q: How long does the eviction process typically take? A: The duration can vary depending on court schedules and tenant responses. Generally, it can take a few weeks from the initial notice to the final removal by the sheriff.

Q: Do I need an attorney for an eviction in Florida? A: While not legally required, consulting with an experienced eviction lawyer near me can help ensure that your case is handled correctly and efficiently, reducing the risk of errors or delays.

Talk to a Florida Eviction Attorney for Landlords Today

If you're a landlord in Orlando facing tenant issues, Louis Law Group is here to assist you. We represent landlords and property owners, ensuring that your rights are protected throughout the eviction process. To discuss your case and get started, call us at (833) 657-4812 or qualify for a free case evaluation. Let us help you navigate the legal complexities of Florida's eviction laws and protect your investment.