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Yes. you need an eviction lawyer in Florida. Under Florida law the prevailing party in an eviction can make the loser pay their attorney’s fees and costs, so a single mistle can be costly. Additionally landlords that are businesses are required to hire an attorney for all contested cases.
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First the tenancy must be terminated. Either the lease has ended or the landlord has terminated it with a notice of non-renewal, a 3 day notice demanding the payment of rent, of a 7 day notice to cure lease violation. All of these forms are available for free on this website. Next, the landlord files an eviction case in county court . Once the tenant is served, they have 5 business days to file their defenses. Then the judge will rule
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This is the notice you are required by law to use to demand payment of rent in Florida. You can get this form for free on this website. Generally, this form must be hand delivered to the tenant
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The filing fee is $185. Summons costs $10 to issue. The sheriff charges $40 to serve it. Private process servers charge $55. The sheriff’s fee for the writ of possession is $90 ($115 in Dade)
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Unlawful detainer is used to remove a guest or a relative who will not leave and is not a tenant.
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Yes. As of July 1, 2025, Florida law allows a 3 day notice to be sent by email, but only if both parties have signed a written agreement for email delivery in advance. 7 and 30 day notices may be emailed without an agreement. You can get these form for free in the website.
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It gives the recipient 7 calendar days to cure a lease violation.
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Yes. A real estate attorney ensures legal protection, reviews contracts, and handles title and closing issues. Title companies do not have a fiduciary duty to their clients but attorneys do
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Tenants have the right to safe housing, the right to defendant themselves in court, and the return of their security deposits under Florida law.
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Eviction is a lawsuit to determine the right of possession only. An ejectment also determines the ownership of the property.
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The landlord is required to mail a claim to the tenants best known address by certified mail postmarked no less than 30 days from the end of the tenancy. The claim must contain specific language ( you can get the correct form on this website). If the tenant has not provided a forwarding address, the claim should be mailed to the vacated unit. Exceptions: 1) if both parties have executed an electronic delivery agreement, the claim may be emailed. 2) the tenant vacates prematurely and has not provided the landlord a forwarding address by certified mail or personal delivery 7 days in advance.
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When there is no written lease, the duration of the lease is determined by what rent is paid. If the tenant pays rent for a month, the lease term is one month. This monthly tenancy automatically renews until either party issues a notice of non-renewal. Under the current law, this notice must be provided no less than 30 days before the lease rollover date. So it is called a 30 day notice. You can get this form for free on Browardlandlord.com on the free forms page.
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Broward County is unique in that the eviction case must be filed at the court house closest to the landlord’s attorney, rather than closest to the rental property like the rest of the state. There are four court houses in Broward: Hollywood in the South. Plantation, in the West, and Deerfield in the north. These are called the satellite court houses and have a couple of judges each. However, the main court house is in Fort Lauderdale and has over a dozen judges. If your lawyer is in fort Lauderdale, your case will be at the main court house.
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§83.67 Florida Statutes “Prohibited Practices” aka “constructive eviction” or “self-help eviction” provides that if the landlord directly or indirectly interferes with the tenancy such as interrupting utilities or interfering with tenant’s access to the premises, this is punishable by 3 month’s rent or actual damages. Whichever is more.
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When the landlord is not performing their duties under the lease such as repairs and maintenance, the tenant must give the landlord a seven day notice to cure. There is no required method of delivery. Then the landlord has seven calendar days to make a reasonable effort to complete the repair. If not, the tenant may stop paying the rent until the repair is completed. If the property is not habitable, the tenant may declare breach of lease and move out. You can get the form on the forms page on Browardlandlord.com
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Florida Statutes chapter 83 Part 2 is the Florida residential landlord tenant act. This sets out the rights and duties of the landlord and tenant. No lease may change its terms. You can read the act HERE