Florida Legal Services - Florida Real Estate Law

Florida Evictions

Florida Eviction Help

Russell Law and Patrick Russell, Esq., a Miami Eviction lawyer, can assist you with your Florida commercial or residential eviction. Russell Law represents both landlords and tenants for the Florida eviction process. Most of our clients are landlords but we also assist tenants with valid defenses and claims. In either case, will review your lease and all facts concerning any lease violation. Russell Law will prepare all statutory notices and prepare all pleadings to either pursue or defend against a Florida eviction.

Florida Eviction Process

An eviction is the legal process to remove a tenant from occupying property. The eviction process has definite deadlines and procedural rules that both the landlord and tenant must follow. Failure to comply with the procedural rules or time deadlines for an eviction case can be fatal to your cause.

In Florida, a landlord cannot simply use self-help measures and forcibly remove a tenant without an order from the Court. Changing a tenant's locks, cutting off electricity, air conditioning or other services are all prohibited self-help measures. A tenant has a legal right to damages against a landlord that uses self-help measures to remove a tenant.

Real estate eviction cases are fast-track cases which means that their timely resolution is a priority. A tenant can be evicted from the property if the tenant violates the terms of the lease. The most common lease violation is the nonpayment of rent. However, excessive noise, improper business conducted on the premises, damage to the property, or nonpayment of rent are all valid reasons for an eviction. Before a landlord can evict a tenant, the landlord must give that tenant either a three-day or seven-day notice to cure and/or vacate. Thereafter, an eviction case can be filed in County Court to put possession of the property back in the hands of the landlord. If a tenant has a valid defense to the eviction, the tenant must file that defense in writing with the Court. Likewise, for the duration of the case, all rent must be paid into the Court Registry. Failure to properly assert a defense or to pay rent will entitle the landlord to a final judgment and writ of possession for the property. Once the Court has issued a Writ of Possession, the landlord may move in to take the property back, and the Sheriff's Office will assist you if the tenant will not vacate voluntarily.

If you need to remove a tenant or if you are a tenant that has received an eviction notice, it is strongly suggested that you seek the advice and help of a Miami Eviction lawyer for your case. Likewise, as a tenant if you feel that the landlord has not complied with its obligations under the lease, has failed to make repairs, or has failed to return a security deposit, Russell Law can assist you.