Florida landlord tenant law – Miamilawyer1.com

September 15, 2013September 10, 2018

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.

July 31, 2013September 10, 2018

Reversal of Florida Eviction by Court does not Create a Claim for Wrongful Eviction

In LK Group Holding Company v. Spurrier Investments Inc., 38 Fla. L. Weekly D735a (Fla. 3DCA 2013), the Florida Third District Court of Appeal held that the reversal of a Florida eviction due to trial court error is not enough to support a claim for wrongful eviction by the tenant against the landlord. In this commercial eviction dispute, the landlord obtained an eviction against the tenant. The eviction final judgment was however reversed on appeal due to an error of the trial court in not permitting the tenant to pay disputed rental payments into the Court Registry. As a result, the tenant filed a counterclaim in the eviction case on the basis that the earlier eviction final judgment was in error.

Florida Wrongful Eviction

Florida law allows a wrongfully evicted tenant to bring a claim against the landlord for damages. A claim for wrongful eviction requires that the eviction be wrongful and that the landlord took some action that was not permitted by law. In this case, the Florida Third District Court of Appeal found that the landlord had done everything properly in the case and the only reason the eviction was set aside was because of an error by the trial court. As such, there was no wrongful conduct on the part of the landlord in this case. The appellate court determined there was no per se rule in the State of Florida that made an eviction based on judgment which is later reversed an automatic wrongful eviction. In the end, the tenant could not show any wrongful or deceitful conduct on the part of the landlord that resulted in the eviction or was taken to trick the trial court to issue the eviction.

Lessons Learned

To make a claim for a wrongful eviction, a Florida tenant must show the court specific wrongful conduct of the landlord that resulted in an eviction or steps that the landlord took to trick the trial court into entering an eviction final judgment.

Related Topics: Florida Real Estate Law, Florida Evictions, Florida Landlord Tenant Law, Miami Eviction Lawyer

January 7, 2003

Landlord is Liable for Defective Work of Contractor

In Suarez v. Gonzalez, 820 So.2d 342 (Fla. 4th DCA 2002), the Florida Fourth District Court of Appeal, held that a landlord was vicariously liable to an injured tenant for the defective work of an independent contractor. The Landlord did not know the name of the contractor nor could the Landlord find the contractor who was hired off the street. The Court found that the Landlord had a duty to exercise reasonable care in hiring competent contractors.