Landlord and tenant law
Eviction and landlord tenant attorney in Brevard County
Florida eviction law is unforgiving about procedure. A notice served on the wrong day, or worded the wrong way, can cost a landlord weeks. A tenant who misses a five day deadline can lose a case they might have won. Wicks Law represents both landlords and tenants in Brevard County.
It starts with the right notice
Residential tenancies in Florida are governed by Chapter 83, Part II of the Florida Statutes. Before a landlord can file anything in court, the tenant has to receive the correct written notice, and which notice depends entirely on why the tenancy is ending.
- Three day notice for nonpayment of rent. The three days exclude weekends and legal holidays, and the day the notice is delivered does not count.
- Seven day notice to cure for a lease violation the tenant can fix, such as an unauthorized pet or a noise problem.
- Seven day unconditional notice for violations that cannot be cured, such as intentional destruction of the property.
- Thirty day notice to end a month to month tenancy where there is no violation at all.
Getting this wrong is the single most common reason eviction cases stall. A defective notice usually means starting over, and the tenant stays in the meantime.
What happens after filing
If the notice period passes without resolution, the landlord files an eviction action in county court in the county where the property sits. For Brevard County properties, that is the Brevard County Court.
The clerk issues a summons and the tenant is served. The tenant then has five working days to file a written response. If nothing is filed, the landlord can move for a default. If the tenant responds, the case may be set for hearing. When the landlord prevails, the court issues a writ of possession and the sheriff carries out the removal.
One detail catches tenants out constantly: to contest a nonpayment eviction, a tenant generally has to deposit the disputed rent into the court registry. Filing an answer without the deposit can end the case before anyone hears the argument.
Landlords: do not change the locks
Self help eviction is prohibited in Florida. Changing the locks, removing a door, shutting off the power or water, or hauling a tenant’s belongings to the curb is not a shortcut, it is a liability. Section 83.67 exposes a landlord who does it to actual and consequential damages or three months’ rent, whichever is greater, plus the tenant’s attorney fees.
Landlords who lose patience with a slow eviction and take matters into their own hands routinely end up owing more than the unpaid rent they were chasing.
If you are the tenant
An eviction filing is not automatically the end. Defenses come up more often than people expect, including a defective or improperly served notice, rent that was paid or partially accepted, repairs the landlord never made after written notice, retaliation for reporting code violations, and miscalculated amounts on the notice itself.
The deadlines are short and they are enforced. If you have been served, the time to get advice is that week, not after a default has been entered.
Other landlord and tenant disputes
- Security deposit disputes, including the notice a landlord must send before making a claim against a deposit
- Unpaid rent and damage claims beyond possession
- Habitability and repair disputes
- Improper entry, which generally requires advance notice and reasonable hours
- Lease drafting and review before a problem starts
- Commercial tenancies, which follow different rules than residential
These cases move on short deadlines.
Call or text 321-733-2700, or send a message and Eric will follow up directly.