Eviction Attorney in Naples

How We Evaluate High-Stakes Lease Disputes

We begin by identifying the client’s objectives and reviewing the facts, lease, amendments, notices, and other governing documents. We then assess the available claims and defenses under Florida law. Depending on the dispute and applicable agreements, we may pursue negotiation, litigation in Collier County courts, or arbitration.

We can coordinate remotely with out-of-state clients whose qualifying disputes involve property or counterparties in Southwest Florida. Attorney fees and court costs vary based on the governing documents, procedural posture, disputed issues, and whether the matter becomes contested.

Florida Residential Eviction Notice Requirements

Part II of Chapter 83 of the Florida Statutes governs residential tenancies. The required notice depends on why the landlord seeks possession. Commercial lease disputes may involve different documents and procedures.

Common residential notice requirements include:

• Nonpayment of rent: A landlord must provide written notice giving the tenant three days to pay rent or vacate before filing an eviction complaint. Saturdays, Sundays, and legal holidays aren’t counted.
• Curable lease violations: A seven-day notice to cure generally gives the tenant an opportunity to correct the violation. If the same noncompliance occurs again within 12 months, eviction may proceed without another notice.
• Serious non-curable violations: A landlord may provide a seven-day unconditional quit notice and file if the tenant hasn’t vacated.
• Month-to-month tenancy: When termination isn’t based on nonpayment or a lease violation, the landlord must provide at least 30 days’ written notice prior to the end of the monthly rental period.

The Florida Residential Eviction Court Process

After the proper notice period expires, a landlord files the residential eviction complaint with the Clerk of County Court where the dwelling is located. Once served, the tenant generally has five business days to submit a written response. Weekends and legal holidays aren’t included in that period.

If the tenant doesn’t respond on time, the court may enter a default judgment. A response, asserted defenses, or additional proceedings can extend the timeline, so the case doesn’t follow a single fixed schedule.

If the court rules for the landlord, the clerk issues a writ of possession authorizing recovery of the property. The sheriff serves the writ, and the tenant receives 24 hours to vacate before removal.

Florida Prohibits Self-Help Evictions

A residential landlord can’t bypass the court process by changing locks or shutting off utilities. These acts are forms of self-help eviction and may make the landlord liable for actual damages or three months’ rent, whichever is greater.

Florida law also prohibits retaliatory eviction based on a tenant’s legitimate complaint about housing conditions to the proper authorities. Because the correct notice and procedure depend on the circumstances, property owners should obtain legal advice before acting.

Discuss a High-Stakes Commercial Property Dispute

We offer free, confidential consultations by phone or in person for prospective clients with matters within our commercial litigation scope. Same-day appointments are available, and we provide legal services in English and Spanish. We can also coordinate with clients elsewhere in the United States.