Florida Eviction Attorney

At Radke Law, we help Florida landlords and property owners navigate the eviction process efficiently and in compliance with Florida law.

Whether you own a single rental home, a duplex, a multifamily property, or several properties through an LLC, having an attorney handle your eviction can help protect your investment and avoid costly mistakes.

Need to remove a tenant? Call Radke Law at (813) 586-4242 to discuss your options.

Why Getting an Eviction Right Matters

Florida law provides landlords with a legal process for recovering possession of their rental properties. But that process comes with strict procedural requirements.

A seemingly simple mistake can cause an eviction to be delayed, dismissed, or require the landlord to start over.

Common problems include:

• Improper notices: Serving a notice with incorrect deadlines, payment amounts, or language.
• Filing errors: Naming the wrong parties, filing an incomplete complaint, or requesting relief improperly.
• Service issues: Failing to properly serve the tenant or comply with applicable court procedures.
• Unlawful eviction practices: Attempting to remove a tenant by changing locks, shutting off utilities, or removing belongings without following legal procedures.
• Unauthorized representation: Attempting to represent an LLC or other business entity in court without legal authority to do so.

For landlords already losing rental income, these mistakes can be particularly expensive.

An eviction done correctly the first time can save significantly more than the cost of fixing one done incorrectly.

Does Your Rental Property Belong to an LLC? You May Need an Attorney to Evict Your Tenant.

Many Florida landlords hold rental properties in limited liability companies (LLCs). While this can offer important business and liability-planning benefits, it also creates a legal distinction that many property owners overlook.

Your LLC is a separate legal entity. You are not automatically authorized to represent it in court simply because you own it.

Under Florida law, business entities generally must appear in court through a licensed attorney. This requirement can apply even when you are the LLC's sole owner, you personally manage the rental property, or the eviction appears straightforward.

Florida recognizes a limited exception for properly designated property managers handling qualifying, uncontested residential evictions based solely on nonpayment of rent. That exception is subject to specific requirements and does not provide unrestricted authority to represent an LLC in court.

If the tenant contests the eviction, if a hearing is required, or if the landlord seeks additional relief such as unpaid rent or damages, the property manager exception may no longer apply.

That means a landlord who attempts to handle an LLC's eviction without an attorney could encounter legal problems at precisely the time they need the process to move forward.

Before filing an eviction on behalf of your LLC, make sure you have the legal authority to do so.

Florida Eviction Services

Radke Law assists landlords with residential eviction matters, including:

Nonpayment of Rent

When a tenant fails to pay rent, Florida law generally requires an appropriate three-day notice before filing an eviction action. We help landlords evaluate the unpaid balance, prepare legally appropriate notices, and pursue possession through the courts.

Lease Violations

Unauthorized occupants, prohibited pets, property damage, and other violations can create serious problems for property owners. We evaluate the lease, applicable notice requirements, and available remedies.

Expired Leases and Holdover Tenants

When a lease ends or a properly terminated tenancy continues without the tenant vacating, legal action may be necessary to recover possession. We assist landlords in determining the proper procedure.

LLC and Corporate Landlord Representation

If your rental property is owned by an LLC, corporation, or other business entity, we can represent the entity in eviction proceedings and address complications involving contested cases, court appearances, and associated claims.

Unpaid Rent and Property Damage

Recovering possession is not always the end of the problem. Depending on the circumstances, landlords may also have claims for unpaid rent, damage to the property, or other losses. We help evaluate available legal options.

The Florida Eviction Process

Although the details depend on the circumstances, a typical Florida residential eviction involves several stages.

1. Review the lease and grounds for eviction. Determine whether the tenant's conduct provides a legal basis for terminating the tenancy.
2. Serve the proper notice. Florida law generally requires specific notices and waiting periods depending on the reason for the eviction.
3. File the eviction complaint. If the tenant does not comply, the landlord may pursue a court action for possession in the appropriate county.
4. Complete service and address the tenant's response. The tenant has an opportunity to respond, and contested cases may require additional motions or hearings.
5. Obtain a judgment and, when necessary, a writ of possession. If the court grants possession and the tenant does not leave voluntarily, the sheriff carries out the writ under the applicable procedures.

Each step matters. Missing a procedural requirement may mean additional time without possession of the property.

Why Hire Radke Law?

Your property is a business investment. Your eviction deserves to be handled like one.

At Radke Law, we understand the practical concerns landlords face: missed rent, mortgage payments, maintenance expenses, tenant disputes, and the difficulty of operating a rental property when someone refuses to comply with their obligations.

Our approach focuses on protecting your legal rights while moving the case forward through the proper procedures.

We work with individual landlords, LLC owners, and real estate investors who want straightforward legal guidance and effective representation.

Frequently Asked Questions

Can I file an eviction myself if my rental property is owned by an LLC?

Generally, an LLC must be represented by a licensed attorney in Florida court proceedings. A narrow exception may apply to a properly authorized property manager handling an uncontested residential eviction solely for nonpayment of rent. Owning the LLC, even as its sole member, does not automatically authorize you to represent it in court.

Can my property manager file the eviction for me?

In certain limited circumstances, yes. Florida recognizes an exception for designated property managers in qualifying uncontested residential nonpayment evictions. The authorization must satisfy applicable legal requirements, and a property manager cannot simply act as the LLC's lawyer in contested litigation.

How long does an eviction take in Florida?

The timeline depends on the reason for eviction, required notices, service of process, whether the tenant contests the action, and court and sheriff scheduling. An uncontested case may move relatively quickly, while a contested eviction can take considerably longer.

Can I change the locks if my tenant stops paying rent?

Generally, no. Florida prohibits landlords from using self-help measures such as improperly changing locks, interrupting utilities, or removing a tenant's belongings to force the tenant out. Landlords should use the lawful process for recovering possession.

Can I recover unpaid rent in the same lawsuit?

Florida law may permit claims for unpaid rent and other monetary relief, depending on the circumstances. However, adding those claims can affect the pleadings, procedures, and who may represent the landlord. An attorney can help determine the appropriate approach.