Evictions and Tenant Rights: A Comprehensive Guide to Navigating the Legal Process in Florida

July 23, 2025

Understanding Evictions in Florida

An eviction is the legal process by which a landlord removes a tenant from rental property due to a breach of the lease agreement. Common reasons for eviction include:

Non-payment of rent.
Lease violations (e.g., unauthorized subletting, excessive noise).
Damage to the property.

Dr(a). Mery Lopez Palma highlights that evictions are governed by specific laws in Florida, and landlords must follow strict procedures to ensure compliance.

Steps in the Eviction Process

Notice to Quit: Before initiating an eviction, landlords must provide tenants with written notice specifying the reason for eviction and a deadline to correct the issue (e.g., pay rent or fix lease violations).
Filing an Eviction Complaint: If the tenant fails to comply with the notice, the landlord can file an eviction complaint in court. Dr(a). Mery Lopez Palma advises clients to work with an attorney to draft and file this document correctly.
Court Hearing: Both the landlord and tenant will appear in court. The judge will listen to arguments from both sides and decide whether the eviction should proceed.
Issuing a Judgment: If the judge rules in favor of the landlord, a judgment will be issued, authorizing the eviction.
Writ of Possession: Once the judgment is issued, the sheriff’s office will serve a writ of possession, giving the tenant a final opportunity to vacate the premises. If they fail to do so, the sheriff will forcibly remove them.

Tenant Rights During an Eviction

Tenants have certain rights during the eviction process, including:

Right to Notice: Tenants must receive proper notice before an eviction can proceed.
Right to Defend Themselves: Tenants have the right to contest the eviction in court.
Protection Against Retaliation: Landlords cannot retaliate against tenants for exercising their legal rights.

Dr(a). Mery Lopez Palma emphasizes that tenants should seek legal advice if they face an eviction to understand their rights and options fully.

Preventing Evictions: Communication and Mediation

While evictions are sometimes unavoidable, proactive communication between landlords and tenants can often prevent disputes from escalating. Dr(a). Mery Lopez Palma recommends:

Clear Lease Agreements: Ensure that lease terms are explicit and understood by both parties.
Prompt Communication: Address issues promptly to avoid misunderstandings.
Mediation: Consider mediation to resolve disputes before resorting to litigation.

Real-Life Scenario

Consider a landlord who discovers that a tenant has sublet their apartment without permission. Instead of immediately filing for eviction, Dr(a). Mery Lopez Palma advises the landlord to first send a formal notice requesting compliance with the lease terms. If the tenant refuses to comply, the landlord can then proceed with the eviction process, knowing they have followed the proper steps.

Conclusion

Navigating the eviction process requires careful attention to detail and adherence to Florida’s legal requirements. Whether you’re a landlord seeking to evict a tenant or a tenant facing an eviction, having an experienced attorney like Dr(a). Mery Lopez Palma on your side can make a significant difference. Her team is committed to protecting your rights and guiding you through the process with clarity and compassion.

Are you a landlord dealing with a difficult tenant, or a tenant facing an eviction? Don’t navigate this process alone. Contact Dr(a). Mery Lopez Palma today to learn how we can assist you. Our team is here to provide expert guidance tailored to your unique situation.

Call us now at (954) 919-1988 or visit https://www.lopezlawfl.com/ for a free virtual consultation.

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Evictions and Tenant Rights: A Comprehensive Guide to Navigating the Legal Process in Florida

Partition Actions: A Comprehensive Guide to Dividing Jointly Owned Property in Florida

By 7131633187 • July 23, 2025

A partition action is a legal procedure that allows co-owners of a property to divide their shared ownership interests. This could involve physically dividing the property (partition in kind) or selling the property and dividing the proceeds (partition by sale). According to Dr(a). Mery Lopez Palma, these actions are essential when co-owners cannot agree on the future of the property. Why Do You Need a Partition Action? If you find yourself in a situation where you want to sell a jointly owned property but your co-owner refuses, a partition action may be necessary. For example: Business Partnerships: When a partnership dissolves, but one partner wants to keep the property while the other does not. Marital Disputes: After a divorce, ex-spouses disagree on what to do with a jointly owned home. Family Conflicts: When heirs inherit a property together but have differing opinions on its use or sale. The Process of Filing a Partition Action Contacting an Attorney: The first step is to consult with a qualified attorney like Dr(a). Mery Lopez Palma. She will guide you through the legal requirements and help you determine whether a partition action is the best course of action for your situation. Filing the Lawsuit: Once you decide to proceed, your attorney will file a lawsuit in court. This involves drafting and submitting the necessary documents to initiate the partition action. Court Proceedings: During the court process, both parties will present their arguments. Dr(a). Mery Lopez Palma emphasizes the importance of having a skilled attorney who can advocate for your rights and ensure that all legal requirements are met. Judicial Decision: The judge will review the case and make a decision. If the court orders a partition by sale, the property will be sold, and the proceeds will be divided according to each owner’s share. If the court orders a partition in kind, the property will be physically divided. Enforcing the Order: Once the court issues its order, it must be enforced. This could involve working with real estate agents to sell the property or coordinating with surveyors to divide the land fairly. Benefits of Hiring an Experienced Attorney Dr(a). Mery Lopez Palma stresses the importance of having an experienced attorney handle your partition action. Some key benefits include: Expert Guidance: An attorney can navigate the complex legal procedures and ensure that your rights are protected. Fair Division: With years of experience in real estate law, Dr(a). Mery Lopez Palma ensures that the division of property is fair and equitable for all parties involved. Conflict Resolution: By handling the legal aspects, attorneys can reduce tension and help resolve disputes more amicably. Real-Life Example Imagine a scenario where two siblings inherited a vacation home after their parents passed away. One sibling wants to sell the property to invest in a new business, while the other wants to keep it as a family retreat. Without a clear agreement, they decide to pursue a partition action. Dr(a). Mery Lopez Palma helps them navigate the process, ensuring that the property is sold and the proceeds are divided fairly, allowing both siblings to move forward without further conflict. Conclusion Partition actions can be a powerful tool for resolving disputes over jointly owned property. By understanding the process and seeking expert legal guidance, you can protect your interests and achieve a fair resolution. If you’re facing a similar situation, don’t hesitate to contact Dr(a). Mery Lopez Palma at Law Offices of Mery Lopez. Her team is dedicated to providing personalized, compassionate support throughout the entire process. Are you dealing with a dispute over jointly owned property? Don’t let this issue linger. Contact Dr(a). Mery Lopez Palma is available today to discuss how a partition action can help you resolve the matter efficiently. Remember, your peace of mind is our priority. Call us now at (954) 919-1988 or visit our website at https://www.lopezlawfl.com / to schedule a free virtual consultation.