Eviction Lawyer: What Landlords in Sunrise Need to Know About Florida Eviction Law

Eviction Lawyer: What Landlords in Sunrise Need to Know About Florida Eviction Law

If you are a landlord or property owner in Sunrise, Florida, and need to remove a tenant lawfully, it's crucial to understand the legal process and your rights under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II). At Louis Law Group, we represent landlords and property owners, not tenants, ensuring that you navigate the eviction process correctly and efficiently.

What Florida Landlords Should Know Before Filing an Eviction in Sunrise

Before initiating an eviction, it's essential to be aware of the specific requirements and procedures set forth by Florida law. Here are some key points to consider:

1. Legal Grounds for Eviction: Common reasons for eviction include non-payment of rent, lease violations, holdover tenants (tenants who remain after the lease has expired), 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 eviction.
3. No Self-Help Evictions: Under Florida law, landlords are prohibited from taking any self-help measures 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

Florida law requires specific notices for different types of evictions:

• 3-Day Notice for Non-Payment of Rent: This notice must be served when a tenant fails to pay rent on time. The 3 days exclude weekends and legal holidays. If the tenant pays the full amount within this period, the eviction process can be halted.
• 7-Day Notice for Lease Violation: For curable lease violations (those that can be fixed), you must give the tenant a 7-day notice to cure the violation or vacate the property. For non-curable violations, an unconditional 7-day notice is required.
• 30-Day Notice for Month-to-Month Tenancy: To terminate a month-to-month tenancy, you must provide at least 30 days' written notice.

The Florida Eviction Process, Step by Step

The eviction process in Florida involves several steps:

1. Serve the Correct Written Notice: Ensure that the notice is appropriate for the reason for eviction and complies with all legal requirements.
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. Service of 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 provides an insufficient response, 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. Execution by Sheriff: The sheriff will execute the writ of possession and physically remove the tenant if necessary.

Mistakes That Get a Florida Eviction Dismissed

Avoiding common mistakes is crucial to ensure your eviction process proceeds smoothly:

• Defective or Miscalculated Notice: Ensure that you use the correct notice type, count the days accurately (excluding weekends and holidays), and include all required information.
• Accepting Partial Rent: Accepting partial rent after serving a 3-day notice can waive your right to evict for non-payment of rent.
• Self-Help Actions: Do not engage in self-help measures such as lockouts, utility shutoffs, or removing belongings. These actions are illegal and can result in liability.
• Suing the Wrong Party: Ensure that you name the correct tenant(s) in your eviction complaint. Suing the wrong party can lead to dismissal.

Frequently Asked Questions

Q: What happens if a tenant pays rent after I serve a 3-day notice? A: If the tenant pays the full amount of rent owed within the 3-day period, you cannot proceed with the eviction for non-payment of rent. However, you may still evict for other reasons such as lease violations.

Q: Can I change the locks to force a tenant out? A: No, changing locks or engaging in any self-help measures is illegal under Florida law. You must go through the formal court process to remove a tenant.

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 several weeks from the initial notice to the final removal by the sheriff.

Q: What if the tenant files for bankruptcy during the eviction process? A: If a tenant files for bankruptcy, an automatic stay may be imposed, temporarily halting the eviction proceedings. You will need to file a motion with the bankruptcy court to lift the stay.

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

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the eviction process in Sunrise, Florida, can be complex and legally challenging. At Louis Law Group, we have extensive experience representing landlords and property owners. Our team will guide you through each step of the process to protect your rights and ensure compliance with the law.

To discuss your specific situation and receive a free case evaluation, call us at (833) 657-4812. We are here to help you achieve a lawful and efficient eviction.