Navigating Florida Eviction Law: A Guide for Landlords and Property Owners by an Experienced Eviction Lawyer

Navigating Florida Eviction Law: A Guide for Landlords and Property Owners by an Experienced Eviction Lawyer

If you are a landlord or property owner in Tallahassee, Florida, facing the challenging task of evicting a tenant, it is crucial to understand your legal rights and obligations. Louis Law Group represents landlords and property owners, not tenants, ensuring that your interests are protected throughout the eviction process. This guide will provide you with essential information about Florida residential eviction law under the Florida Residential Landlord and Tenant Act (Fla. Stat. Ch. 83, Part II).

What Florida Landlords Should Know Before Filing an Eviction in Tallahassee

Before initiating an eviction, it is important to be aware of the specific requirements and procedures set forth by Florida law. The primary reasons for eviction 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 adherence to strict timelines.

Key Points:

• Non-Payment of Rent: A 3-day notice is required.
• Lease Violation: A 7-day notice is required (either curable or non-curable).
• Holdover Tenants: A 30-day notice is required for month-to-month tenancies.

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 to the tenant when rent has not been paid. This notice gives the tenant 3 days (excluding weekends and legal holidays) to pay the full amount of rent owed or vacate the premises.

7-Day Notice for Lease Violation

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

Month-to-Month Tenancy

To terminate a month-to-month tenancy, the landlord must provide at least 30 days' written notice. This notice should clearly state the termination date and any other relevant details.

The Florida Eviction Process, Step by Step

1. Serve the Correct Written Notice

   • Ensure that the appropriate notice (3-day, 7-day, or 30-day) is served to the tenant in accordance with Florida 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.

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. Sheriff Execution

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

Mistakes That Get a Florida Eviction Dismissed

Common Landlord Mistakes:

• Defective or Miscalculated Notice: Using the wrong type of notice, miscalculating the 3-day period by including weekends/holidays, or omitting required information.
• Accepting Partial Rent: Accepting partial rent after serving a notice can waive the eviction.
• Self-Help Actions: Changing locks, removing belongings, or shutting off utilities to force a tenant out is illegal and can expose the landlord to liability.
• Suing the Wrong Party: Naming the wrong tenant or party in the complaint can lead to dismissal.

Frequently Asked Questions

Q: Can I change the locks to evict a tenant? A: No, under Florida law (Fla. Stat. 83.67), landlords are prohibited from using self-help methods such as changing locks, removing belongings, or shutting off utilities to force a tenant out. The eviction must be processed through the formal county court system.

Q: What happens if the tenant pays the rent after I serve a 3-day notice? A: If the tenant pays the full amount of rent owed within the 3-day period, the eviction process is waived. Accepting partial payment can also waive the eviction.

Q: How long does the eviction process typically take? A: The duration can vary, but generally, from serving the notice to obtaining a writ of possession and having the sheriff remove the tenant, it can take several weeks.

Q: Can I evict a tenant for violating a lease term that is not related to rent? A: Yes, you can serve a 7-day notice for curable or non-curable lease violations. The notice must clearly state the violation and the required action (if curable).

Q: What should I do if the tenant files an answer to the eviction complaint? A: If the tenant responds with an answer, the court will schedule a hearing. It is advisable to consult with an experienced eviction lawyer to prepare for the hearing.

Talk to a Florida Eviction Attorney for Landlords Today

Navigating the complexities of Florida's eviction laws can be challenging, but Louis Law Group is here to help. Our team of experienced attorneys specializes in representing landlords and property owners in Tallahassee and throughout Florida. To ensure that your eviction process is handled correctly and efficiently, contact us today for a free case evaluation or call (833) 657-4812. Protect your investment and your best interests with the legal support of Louis Law Group.