In Florida, there are strict laws that govern when and under what circumstances a landlord can evict a tenant. In general, there are certain procedures that a landlord must follow before they can legally evict someone.
What must happen before an eviction?
Before an eviction, the following steps must be completed:
Written notice to vacate provided to the tenant
Service of a complaint and summons
Opportunity to respond
Issuance of a writ of possession
Failure to comply with these steps is a violation of the law and could prevent a person from being evicted.
How does a lease apply to an eviction?
If you have a lease agreement, then a person may only be legally evicted under certain circumstances. These include:
Nonpayment of rent--When a tenant receives notice of nonpayment of rent, then they can "cure" the issue by paying the full amount of rent owed within 3 days of the notice. If you fail to cure the issue, then you may be evicted.
"Cause," including nuisance, excessive noise, property damage, illegal activity, etc.--If you receive notice of intent to evict due to cause, then you have 7 days to remedy the issue.
Termination of the lease term--If the termination of the lease is due to an expiration of the lease term, you may be evicted if there is compliance with the notice requirements.
What if you are served with a complaint?
If you are served with a complaint and summons requesting that you be evicted, you should consult with a real estate attorney as soon as possible to review your options. A real estate attorney will be able to review your situation to determine whether you received proper notice and if there are any defenses that may prevent you from being evicted.
The experienced legal team at Chesser & Barr, P.A. is available to assist Florida individuals and families who face the threat of being evicted. If you have received a notice or been served with a complaint, contact Chesser & Barr, P.A. to schedule a consultation. Our experienced attorneys will be able to provide you with legal advice about how to address the situation. They are also able to represent you in court and argue on your behalf to preserve your right to maintain your residence.
Call Chesser & Barr, P.A. at (850) 610-7471 to speak with an experienced attorney.
