Eviction Lawyer Near Me: What Tampa Landlords Need to Know

Eviction Lawyer Near Me: What Tampa 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 Tampa, Florida, Louis Law Group is here to help. As experienced eviction attorneys, we represent landlords and property owners, not tenants. Our goal is to ensure that the eviction process is handled correctly and efficiently, protecting your legal rights and interests.

What Florida Landlords Should Know Before Filing an Eviction in Tampa

Before you file for an eviction in Tampa, it's crucial to understand the specific requirements under Florida law. The Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II) governs evictions and provides a clear framework for landlords to follow. Here are some key points to consider:

1. Legal Grounds for Eviction: Common reasons for eviction include non-payment of rent, lease violations, holdover tenancy, and the end of a month-to-month tenancy.
2. Proper Notice: You must serve the tenant with the correct notice before filing an eviction complaint. The type of notice depends on the reason for the eviction.
3. No Self-Help Evictions: Under Florida law (Fla. Stat. 83.67), landlords are prohibited from taking self-help actions to force a tenant out, such as changing locks, removing belongings, or shutting off utilities. These actions can expose you to legal liability.

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 rent in full within 3 days or face eviction.
• Timing: The 3-day period excludes weekends and legal holidays. If the third day falls on a weekend or holiday, it is extended to the next business day.

7-Day Notice for Lease Violation

• Purpose: To inform the tenant that they must cure a curable lease violation within 7 days or vacate the premises.
• Unconditional Notice: For non-curable violations, you can serve an unconditional 7-day notice, requiring the tenant to leave without the option to cure.

Month-to-Month Tenancy

• Purpose: To terminate a month-to-month tenancy.
• Timing: The landlord must give at least 30 days' written notice before the end of the current rental period.

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice

   • Ensure that the notice is accurate and complies with Florida law. Serve it to the tenant in a manner prescribed by statute (e.g., personal delivery, certified mail).

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. Serve the Tenant with Summons and Complaint

   • The court will issue a summons and complaint, which must be served to 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, 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 After Serving the Notice

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

3. Self-Help Actions

   • Engaging in self-help actions like changing locks or shutting off utilities can result in legal consequences and dismissal of the eviction case.

4. Suing the Wrong Party or Naming the Wrong Tenant

   • Filing an eviction against the wrong tenant or failing to name all tenants correctly can lead to a dismissed case.

Frequently Asked Questions

Q: Can I evict a tenant for non-payment of rent without giving notice? A: No, you must serve a 3-day notice for non-payment of rent before filing an eviction complaint. The notice gives the tenant the opportunity to pay the rent and avoid eviction.

Q: What should I do if the tenant does not respond to the summons and complaint? A: If the tenant does not respond within 5 business days, you can request a default judgment from the court. This allows the eviction process to proceed without further delay.

Q: Can I change the locks or shut off utilities to force a tenant out? A: No, Florida law prohibits self-help evictions. Changing locks, removing belongings, or shutting off utilities can result in legal liability and dismissal of your case.

Q: How long does the eviction process typically take? A: The duration can vary depending on the court's schedule and the tenant's response. Generally, it can take a few weeks from filing the complaint to obtaining possession of the property.

Q: Can I evict a tenant for violating a lease term that is not in writing? A: It depends on whether the lease violation is material and whether you have provided proper notice. Consult with an eviction attorney to ensure your case meets legal requirements.

Talk to a Florida Eviction Attorney for Landlords Today

If you need assistance with evicting a tenant in Tampa, Florida, contact Louis Law Group at (833) 657-4812. Our experienced attorneys can guide you through the process and help protect your property and legal rights. Schedule a free case evaluation to discuss your specific situation and get started today.