Navigating Florida Eviction Law: What Every Sarasota Landlord Needs to Know About an Eviction Lawyer

Navigating Florida Eviction Law: What Every Sarasota Landlord Needs to Know About an Eviction Lawyer

If you are a landlord or property owner in Sarasota, Florida, and need to remove a tenant lawfully, it's crucial to understand the state’s eviction laws. At Louis Law Group, we represent landlords and property owners, not tenants. Our experienced eviction lawyers can guide you through the process to ensure compliance with the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II).

What Florida Landlords Should Know Before Filing an Eviction in Sarasota

Before initiating an eviction, it's essential to be aware of the specific legal requirements and procedures. The most common reasons for evictions include non-payment of rent, lease violations, holdover tenants, and the end of a month-to-month tenancy. Each scenario requires a different type of notice and process.

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

3-Day Notice for Non-Payment of Rent

A 3-day notice is required when a tenant fails to pay rent on time. The 3 days exclude weekends and legal holidays. This notice must clearly state the amount owed and inform the tenant that they have 3 days to pay or face eviction.

7-Day Notice for Lease Violation

For lease violations, landlords can issue a 7-day notice. If the violation is curable (e.g., noise complaints), the notice should give the tenant 7 days to correct the issue or vacate the property. For non-curable violations (e.g., illegal activities), an unconditional 7-day notice can be served, requiring the tenant to leave within 7 days.

Month-to-Month Tenancy

To terminate a month-to-month tenancy, landlords must provide at least 30 days' written notice. This notice should clearly state the termination date and inform the tenant of their obligation to vacate by that time.

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. This notice must be in writing and delivered according to the methods specified by 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. The complaint should include all necessary details and any supporting documents.

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. Failure to respond can result in a default judgment against the tenant.

4. Default Judgment or Hearing

   • If the tenant does not respond, the clerk can enter a default against them. If the tenant responds, a hearing may be scheduled where both parties can present their case.

5. Writ of Possession

   • If the court rules in favor of the landlord, it will issue a writ of possession. This document authorizes the sheriff to remove the tenant from the property.

6. Sheriff Executes the Writ of Possession

   • The sheriff will execute the writ of possession and physically remove the tenant if necessary.

Mistakes That Get a Florida Eviction Dismissed

• Defective or Miscalculated Notice: Using the wrong type of notice, miscalculating the 3-day period by including weekends or holidays, or omitting required information can lead to dismissal.
• Accepting Partial Rent: Accepting partial rent after serving the notice can waive the eviction and require a new notice.
• Self-Help Actions: Landlords cannot change locks, remove belongings, or shut off utilities to force a tenant out. Such actions are illegal under Fla. Stat. 83.67 and can expose the landlord to liability.
• Suing the Wrong Party: Naming the wrong tenant or party in the eviction complaint can result in dismissal.

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 before filing an eviction complaint. This notice gives the tenant an opportunity to pay the rent and avoid eviction.

Q: What happens if the tenant does not respond to the summons and complaint? A: If the tenant fails to 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 remove a tenant's belongings myself after they have been evicted? A: No, only the sheriff can execute the writ of possession and remove the tenant. Self-help actions are illegal and can result in legal consequences for the landlord.

Q: What should I do if the tenant claims the eviction is retaliatory? A: Retaliatory evictions are illegal under Florida law. Ensure you have a legitimate reason for the eviction, such as non-payment of rent or lease violations, and document all communications and actions taken.

Talk to a Florida Eviction Attorney for Landlords Today

If you need assistance with an eviction in Sarasota, Florida, Louis Law Group is here to help. Our experienced eviction lawyers can guide you through the process and protect your legal rights. To get started, qualify for a free case evaluation or call us at (833) 657-4812. We are committed to providing professional and effective legal representation for landlords and property owners.