Understanding Your Options: Eviction Lawyer Near Me for Pembroke Pines Landlords

Understanding Your Options: Eviction Lawyer Near Me for Pembroke Pines Landlords

If you are a landlord or property owner in Pembroke Pines, Florida, and need to remove a tenant lawfully, an eviction lawyer near me can provide essential guidance. At Louis Law Group, we represent landlords and property owners, not tenants, ensuring your rights are protected throughout the eviction process.

What Florida Landlords Should Know Before Filing an Eviction in Pembroke Pines

Before initiating an eviction, it is crucial to understand the legal requirements and procedures under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). This act governs residential lease agreements and provides a framework for evictions.

Key Points to Consider:

• Legal Grounds: Common grounds for eviction include non-payment of rent, violation of lease terms, holdover tenancy, or the end of a month-to-month tenancy.
• Proper Notice: Serving the correct notice is essential. Failure to do so can result in the dismissal of your case.
• Formal Process: Evictions must be handled through the county court system. Self-help evictions (such as changing locks or shutting off utilities) are illegal and can expose you to 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.
• Timing: The 3-day period excludes weekends and legal holidays.
• Consequence: If the tenant does not pay the full amount by the deadline, you can proceed with eviction.

7-Day Notice for Lease Violation

• Curable Violations:
  • Purpose: To demand that the tenant cure a lease violation within 7 days or vacate the premises.
  • Timing: The 7-day period includes all days.
• Non-Curable Violations:
  • Purpose: To demand that the tenant vacate the premises within 7 days.
  • Timing: The 7-day period includes all days.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Timing: You 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) 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 will issue a writ of possession.

6. Sheriff Execution

   • The sheriff will execute the writ of possession and remove the tenant from the property.

Mistakes That Get a Florida Eviction Dismissed

Common Landlord Mistakes:

• Defective or Miscalculated Notice: Using the wrong type of notice, miscounting days (including weekends/holidays), or omitting required information.
• Accepting Partial Rent: Accepting partial rent after serving the notice can waive your right to eviction.
• Self-Help Actions: Changing locks, shutting off utilities, or removing belongings are illegal and can result in liability.
• Suing the Wrong Party: Naming the wrong tenant or party in the complaint can lead to dismissal.

Frequently Asked Questions

Q: Can I change the locks if a tenant stops paying rent? A: No. Under Florida law (Fla. Stat. 83.67), landlords are prohibited from changing locks, removing belongings, or shutting off utilities to force a tenant out. These actions can expose you to legal liability.

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 them, 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 the notice can waive your right to eviction and may require you to start the process over.

Q: How long does the eviction process typically take? A: The duration can vary, but a typical eviction process from filing the complaint to obtaining possession can take several weeks, depending on court schedules and tenant responses.

Q: What should I do if the tenant files for bankruptcy during the eviction process? A: If a tenant files for bankruptcy, an automatic stay goes into effect, halting all collection actions, including evictions. You will need to file a motion with the bankruptcy court to lift the stay to proceed with the eviction.

Talk to a Florida Eviction Attorney for Landlords Today

If you are a landlord or property owner in Pembroke Pines and need assistance with an eviction, contact Louis Law Group at (833) 657-4812. Our experienced attorneys can guide you through the process and protect your legal rights. Schedule a free case evaluation to discuss your specific situation and get started today.