Finding an Eviction Lawyer Near Me: A Guide for Sarasota Landlords and Property Owners

Finding an Eviction Lawyer Near Me: A Guide for Sarasota Landlords and Property Owners

If you are a landlord or property owner in Sarasota, Florida, and need to remove a tenant lawfully, finding an eviction lawyer near me is crucial. At Louis Law Group, we specialize in representing landlords and property owners, not tenants. Our experienced attorneys can guide you through the complex process of evicting a tenant for non-payment of rent, lease violations, holdover, or the end of a month-to-month tenancy.

What Florida Landlords Should Know Before Filing an Eviction in Sarasota

Before initiating the eviction process, it is essential to understand your rights and responsibilities under Florida law. The Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II) governs residential evictions. Here are some key points to consider:

1. Legal Grounds for Eviction: You can evict a tenant for non-payment of rent, violating lease terms, holding over after the lease has ended, or at the end of a month-to-month tenancy.
2. Proper Notice: Serving the correct notice is crucial. Improper notice can lead to dismissal of your eviction case.
3. No Self-Help Evictions: Under Fla. Stat. 83.67, landlords cannot change locks, remove belongings, or shut off utilities to force a tenant out. Only the formal county-court eviction process is legal.

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.
• 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 days, you can file an eviction complaint.

7-Day Notice for Lease Violation

• Curable Violations: A notice to cure the violation or quit within 7 days.
• Non-Curable Violations: An unconditional 7-day notice to vacate the premises.
• Exclusions: The 7-day period does not exclude weekends and legal holidays.

Month-to-Month Tenancy

• Notice Requirement: To end a month-to-month tenancy, you must give at least 30 days' written notice.
• Timing: The notice should be given at least 30 days before the next rent due date.

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice

   • Ensure the notice is accurate and complies with Florida law.
   • Serve the notice in a manner that can be legally documented (e.g., certified mail, personal delivery).

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.
   • Include all required documents and fees.

3. Serve the Tenant with Summons and Complaint

   • The court will issue a summons and complaint to be served on the tenant.
   • The tenant 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.
   • The sheriff will execute the writ and remove the tenant from the property.

Mistakes That Get a Florida Eviction Dismissed

1. Defective or Miscalculated Notice

   • Using the wrong type of notice (e.g., 3-day for lease violation instead of 7-day).
   • Miscounting the days by including weekends and holidays.
   • Omitting required information from the notice.

2. Accepting Partial Rent After Serving the Notice

   • Accepting partial rent after serving a non-payment notice can waive your right to evict.

3. Self-Help Actions

   • Changing locks, removing belongings, or shutting off utilities exposes you to liability and can result in dismissal of your case.

4. Suing the Wrong Party or Naming the Wrong Tenant

   • Ensuring all relevant parties are correctly named is crucial for a successful eviction.

Frequently Asked Questions

Q: Can I evict a tenant without going through the court process? A: No, under Florida law, you must use the formal county-court eviction process. Self-help actions such as changing locks or shutting off utilities are illegal and can result in liability.

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 for non-payment of rent.

Q: Can I evict a tenant for violating a lease term that is not in writing? A: No, all lease terms must be in writing to be enforceable. Ensure your lease agreement is comprehensive and legally binding.

Q: How long does the eviction process typically take? A: The eviction process can vary but generally takes several weeks from serving the notice to obtaining possession of the property.

Q: Can I evict a tenant for causing damage to the property? A: Yes, if the damage is significant and violates the lease terms, you can serve a 7-day notice to cure or quit. If the tenant does not remedy the issue, you can proceed with eviction.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process can be complex and stressful. At Louis Law Group, we are here to help Sarasota landlords and property owners protect their investments. To discuss your specific situation and receive a free case evaluation, call us at (833) 657-4812. Our experienced attorneys will guide you through the process and ensure that your rights are protected.