Florida Eviction Lawyer: What Orlando Landlords Need to Know Before Filing an Eviction

Florida Eviction Lawyer: What Orlando Landlords Need to Know Before Filing an Eviction

If you are an Orlando landlord or property owner and need to remove a tenant, it's crucial to understand the legal process and your rights under Florida law. At Louis Law Group, we represent landlords and property owners in eviction proceedings, ensuring that you navigate this complex process correctly and efficiently. An eviction lawyer can help ensure that you comply with all legal requirements and avoid costly mistakes.

What Florida Landlords Should Know Before Filing an Eviction in Orlando

Before initiating an eviction, it's essential to understand the specific grounds for eviction under Florida law. The most common reasons include non-payment of rent, lease violations, holdover tenancy, and the end of a month-to-month tenancy. Each situation requires a different type of notice and process.

Grounds for Eviction

• Non-Payment of Rent: If a tenant fails to pay rent on time, you can serve a 3-day notice.
• Lease Violation: For violations of the lease agreement, you must provide a 7-day notice.
• Holdover Tenancy: If a tenant remains in the property after the lease has expired, they are considered a holdover tenant.
• End of Month-to-Month Tenancy: To terminate a month-to-month tenancy, you must give at least 30 days' written notice.

Importance of Proper Notice

Serving the correct notice is crucial. A defective or miscalculated notice can lead to the dismissal of your eviction case. It's advisable to consult with an eviction lawyer to ensure that all notices are accurate and comply with Florida law.

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. If the tenant does not pay the full amount of rent within this period, you can proceed with filing an eviction complaint.

7-Day Notice for Lease Violation

For lease violations, you must provide a 7-day notice. This notice can be either curable or non-curable:

• Curable Violation: The tenant has 7 days to correct the violation or vacate the property.
• Non-Curable Violation: The tenant must vacate the property within 7 days.

Month-to-Month Tenancy

To terminate a month-to-month tenancy, you must give at least 30 days' written notice. This notice should be served before the end of the current rental period to ensure that it is effective on the last day of the following month.

The Florida Eviction Process, Step by Step

Step 1: Serve the Correct Written Notice

Serve the appropriate notice (3-day, 7-day, or 30-day) on the tenant. Ensure that the notice is delivered correctly and in a manner that complies with Florida law.

Step 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. The complaint should include all necessary information and be accompanied by the required filing fee.

Step 3: Tenant Served with Summons and Complaint

The tenant will be served with a summons and complaint and has 5 business days to respond. If they do not respond, or their response is insufficient, you can proceed to the next step.

Step 4: Default Judgment

If the tenant does not respond within the 5-day period, the clerk can enter a default judgment against them. This means that the court will rule in your favor without a hearing.

Step 5: Writ of Possession

The court will issue a writ of possession, which authorizes the sheriff to remove the tenant from the property.

Step 6: Sheriff Executes the Writ of Possession

The sheriff will execute the writ of possession and physically remove the tenant if necessary. This is the only legal way to remove a tenant from your property.

Mistakes That Get a Florida Eviction Dismissed

Defective or Miscalculated Notice

A notice that is incorrect in any way, such as using the wrong type of notice, miscalculating the days, or omitting required information, can result in the dismissal of your eviction case.

Accepting Partial Rent

Accepting partial rent after serving a notice can waive your right to proceed with the eviction. It's important to avoid accepting any payment that is less than the full amount owed.

Self-Help Actions

Under Florida law, landlords are prohibited from taking self-help actions such as changing locks, removing belongings, or shutting off utilities to force a tenant out. These actions can expose you to legal liability and result in financial penalties.

Suing the Wrong Party

Ensure that you name the correct tenant(s) in your eviction complaint. Suing the wrong party can lead to the dismissal of your case and delay the eviction process.

Frequently Asked Questions

Q: Can I change the locks or shut off utilities to force a tenant out? A: No, under Florida law, landlords are prohibited from taking self-help actions such as changing locks or shutting off utilities. The only legal way to remove a tenant is through the formal county-court eviction process.

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. This means that the court will rule in your favor without a hearing.

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 proceed with the eviction. It's important to avoid accepting any payment that is less than the full amount owed.

Q: How long does the eviction process typically take in Orlando? A: The length of the eviction process can vary depending on the court's schedule and the tenant's response. Generally, it can take anywhere from a few weeks to a couple of months.

Q: Do I need an attorney for an eviction case? A: While you are not required to have an attorney, hiring an eviction lawyer can help ensure that your case is handled correctly and efficiently. An experienced attorney can guide you through the process and protect your legal rights.

Talk to a Florida Eviction Attorney for Landlords Today

If you are an Orlando landlord or property owner facing an eviction, it's important to act quickly and follow the correct legal procedures. At Louis Law Group, we have extensive experience representing landlords in eviction cases. Our team can help you navigate the process and protect your interests.

To schedule a free case evaluation, call us at (833) 657-4812. We are here to assist you every step of the way.