Evictions

South Florida Eviction Attorney

If a tenant does not pay rent in Florida, then a landlord can evict the tenant from the rental unit. A tenant will have three days after receiving the eviction notice to either pay the rent or leave the property. If you need help evicting your tenant or you are a tenant facing unjust evictions, South Florida landlord-tenant attorney, Holiday H. Russell can assist you. A Fort Lauderdale eviction lawyer can advise you and protect your interests even before the dispute becomes a court case.

Fort Lauderdale, Florida, is one of the primary cities of the South Florida metropolitan area. It is located on the Atlantic coast and is a popular destination both for living and renting. A Fort Lauderdale eviction lawyer often works with large property management companies that encounter frequent tenant eviction issues. However, these same lawyers are available to assist private landlords as well who are stuck with bad tenants.

Many landlords don’t recognize the importance of legal counsel. A Broward County eviction can lead to intense litigation due to the poor economy. If you manage a property or rent to one or more tenants, it’s in your best interest to seek advice from a local south Florida eviction attorney when a tenant dispute arises.

Florida Family Law involves the practice of dealing with all legal problems that might arise from the family relationships of spouses, as Ill as parents and children. It is governed by a complex set of statutory and procedural laws that aim to effectively resolve disputes that may arise, while also protecting the rights and interests of family members, and the institution of the family as a whole. Family law governs many different scenarios, and at Holiday Hunt Russell PLLC you will receive representation to clients in a wide variety of family law matters.

Rent is generally due on the first day of every month, including weekends and holidays, unless a different date is specified in the lease or rental agreement. Some landlords may agree in the lease or rental agreement that rent will be due on the next business day if the due date falls on a weekend or holiday.

Timing of Eviction Notices for Failure to Pay Rent in Florida

If a tenant fails to pay rent on time, then the landlord can give the tenant a three-day notice for failure to pay rent, or a notice similarly named. The tenant then has three days to pay the rent or leave the rental property. The three days begins on the date the notice is delivered to the tenant. Weekends and legal holidays are not included in this three-day time period (see Fla. Stat. Ann. § 83-56(3)). This means that if rent is due on a Thursday and the landlord gives the tenant the three-day notice for failure to pay rent the next day (Friday), then the tenant would have until the following Wednesday to either pay rent or move out of the rental unit.

Eviction Notices and Evictions in Florida

In Florida, eviction procedures are governed by Chapter 83 of the Florida state landlord-tenant statutes. Landlords must follow the procedures contained within these statutes when evicting a tenant for not paying rent on time or for violating a portion of the lease or rental agreement.

Evictions for Nonpayment of Rent

A landlord who evicts a tenant for not paying rent in Florida must give the tenant a three-day notice to vacate for failure to pay rent, or a notice similarly named. This notice gives the tenant three days to either pay the rent or leave the rental unit. For details, see the Nolo article Eviction Notices for Nonpayment of Rent in Florida, and Florida statutes covering termination of rental agreement: Fla. Stat. Ann. § 83.56(3).

Evictions for Lease Violation

If the tenant is being evicted for violating a portion of the lease agreement, such as having pets when none are allowed, then the landlord must give the tenant a seven-day notice to vacate, or a notice similarly named. In this case, the tenant then has seven days to move out of the rental units, also under Chapter 83 or Florida statutes covering terminations:in this case, Fla. Stat. Ann. § 83.56(2).

Court Role in Evictions

If the tenant chooses to fight the eviction and does not move out within the specified time period, then the landlord will typically file a complaint at the courthouse in the county where the rental property is located. The court will then set a hearing date for both the landlord and the tenant to attend. Once the tenant receives the landlord’s complaint, the tenant will have five days to file an answer with the court. The tenant will provide all the defenses to the eviction within the answer. At the hearing, the judge will decide whether the tenant should be evicted, based on the landlord’s complaint and the tenant’s answer. A full summary of what to expect in a Florida eviction is available under the Florida Statutes website.

Does It Make Sense to Fight an Eviction?

Fighting an eviction can cost a tenant time and money and is only worth it if the tenant has a solid defense. A tenant who loses an eviction case could end up paying the landlord’s court costs and attorneys’ fees and receive a negative credit rating. A tenant who needs only a few more days in the rental unit before moving out should try to reach an agreement with the landlord outside the court system.

Supporting Your South Florida Eviction Legal Issues

In some cases, issues could be resolved through mediation in an eviction process. In other cases, Broward County courts will make the decision. In all cases, the interests of lessees and tenants are be much better served with a landlord and tenant attorney by your side. Mr. Russell has the experience and knowledge to assist you in all of your landlord-tenant law needs, and will advocate for your rights at the negotiating table and in the courtroom. If you have a landlord-tenant question, eviction concern, or face the prospect of a law dispute, please contact Holiday at 954-920-5153 or online for an initial consultation.