Tenant Eviction Process in Florida

Once a tenant is unable to pay rent, whether due to unforeseen circumstances or sheer negligence, eviction is inevitable. There comes a time when eviction is the only remaining outcome, as tenants are not allowed to live in a place they cannot afford. 

If there is good reason to evict the tenant, landlords need to terminate a tenancy for cause, meaning the tenant has not fulfilled their part in the rental agreement. In Florida, for instance, these terms and conditions are outlined by the Florida Standard Lease Agreement, providing details, in written transcript, regarding what is expected of the tenant upon signing the lease to a unit. Terminating tenancy without cause, however, means there is no reason to evict the tenant, but the landlord still must end the lease early. This will ultimately depend on the type of rental agreement the landlord and tenant have come to. 

Nonetheless, landlords must follow guidelines before officially evicting tenants. In Florida, as in most other states, landlords must provide detailed notice before evicting a tenant, allotting them the proper time to find another residence, gather their belongings, and eventually move out. 

However, before any considerations of eviction, landlords must prove:

• a tenant’s inability to pay rent; 
• a lack of compliance with lease policies; or
• negligence to maintain a unit according to state standards.

If any of these criteria are met, Florida tenants are susceptible to eviction and will need to undergo an intricate process of proper notice.

Proper Notice in Florida

Proper notice, as it pertains to tenancy, is both the delivery and reception of written information detailing the issue with tenancy, the amount of time a tenant has to correct the issue, and finally, the notice of termination if the issue has not been resolved. With respect to time, multiple types of notice allow tenants to sort out their finances to pay the rent or fix any other problems. 

Types of Notices

1. Three-Day Notice: the length of three calendar days, not including holidays or weekends, that a tenant has to pay their rent that is past due;
2. Seven-Day Cure Notice: the length of seven calendar days, not including holidays or weekends, for tenants to correct, or cure, a violation of their lease.
3. Seven–Day Unconditional Quit Notice: the length of seven calendar days, not including holidays or weekends, for the tenant to move out without exceptions because of a lease violation. The term unconditional refers to the finality of termination.  

If there is an improper response to any of these types of notices, landlords may commence the eviction process by delivering a termination notice and, in some cases, filing an eviction lawsuit.

Florida Termination of Tenancy

When the time has come for eviction, the tenant should receive an unambiguous termination notice. Landlords need to ensure that their message leaves no room for interpretation, indicating the lease has been terminated and ordering the tenant to vacate. In some cases, landlords are required to provide evidence the tenant has received the termination notice. This is why it is critical to deliver it either by hand, mail, or posting it on the front door. Oftentimes, however, tenants may not respond to the notice nor agree with the eviction. They may even fight it, which then would likely result in a lawsuit. 

Process of Florida Evictions 

After three to seven days without proper response by the tenant, landlords may file an eviction lawsuit in order to lawfully remove the tenant from the premises. Lawful removal requires law enforcement; otherwise, landlords who take it upon themselves to remove tenants may be subject to legal action. It is important to note that this process applies to eviction for cause, meaning the landlord has good reason to evict the tenant due to unpaid rent or breach of rental agreement. 

Eviction Order

From this point, landlords must acquire an eviction order from court, granting them full protection by law to proceed with removing tenants with the help of law enforcement, if necessary. To acquire this order, the landlord must file a complaint comprising their personal information, property location, the reason for eviction, and a formal request to evict. 

Service to the Tenant

Once in the landlord’s possession, they must serve the tenant, either by delivering the notice personally, enlisting the help of law enforcement, or hiring a service company. After the tenant has been served, they have five days to properly respond to the eviction notice, which will require them to schedule a court hearing.  

Going to Court

At the hearing, landlords must present the evidence they have gathered that supports their eviction for cause and work with their attorneys to win the case. Conversely, tenants have the right to consult and hire a landlord-tenant attorney, also known as a tenant lawyer, who will oversee and assist with a tenant’s process of fighting the eviction by claiming the eviction is wrongful. If the evidence the landlord provides is sufficient and proves their case is rightful, the judge will rule in the landlord’s favor, granting them and the county sheriff a writ of possession. 

Writ of Possession

A writ of possession is another notice allowing law enforcement to lawfully remove the tenant from the property. It must be served to the tenant, from which they have 24 hours to vacate the premises. Essentially, a writ of possession is a court-ordered, written instruction for law enforcement to take the rental unit into their possession. 

Eviction

Law enforcement then has full legal authority to order the tenant to leave the premises. The landlord will take this opportunity to look inside the unit and change the locks.

Once the tenant has vacated the unit, there are often personal belongings left behind of which the landlords must inform the tenants once discovered. This notice must be written and include a description of the property, potential costs of storage, and a location to claim the property. It should allow 10 to 15 days for the tenant to claim all of it. Any unclaimed property is subject to disposal.

Florida Eviction Attorneys

Since this can be a long, intricate process, it is recommended to consult an eviction attorney to better understand one’s rights. This initial meeting will establish clear grounds for what is needed to terminate tenancy in Florida and how the process will take place. An eviction attorney can also assist with determining which kind of notice to provide, calculating the amount of unpaid rent, or filing a complaint in court. In any case, they prove to make the process a lot easier amidst the complexities of terminating tenancy, dealing with court orders, or even managing a tenant’s feelings or reactions. If all goes according to plan, the eviction will take place as a result of the evidence a landlord has gathered, leaving tenants no choice but to leave the premises as quickly as possible.

FAQs

• How long does the eviction process take in Florida?

  It can take as little as seven days and as much as over thirty days. It depends on whether the notices are delivered on time, the tenant properly responds to them, and the tenant shows no resistance. It also depends on if the eviction is for cause (which will take less time), or without cause (which will take longer). Either way, it is important to note that the length of this process is contingent upon the time a notice is delivered until the time a tenant eventually moves out, and it can be extremely complex.

• What are the eviction laws in Florida?

  Florida eviction laws consist of:

  • providing a notice of three to seven days to pay rent or resolve an issue with the lease;
  • acquiring a court order for eviction if the tenant has neglected to respond to the notices; and
  • getting the assistance of a judge and law enforcement to remove the tenant.

• How does eviction work in Florida?

  First and foremost, landlords are legally bound to provide termination notices to the tenants for any of the following:

  • unpaid rent, 
  • noncompliance with the lease agreement, or 
  • not keeping their unit up to state standards. 

  These range from three to seven days, allowing tenants the proper time to resolve the issues or vacate their unit. If there is no proper response from the tenant, landlords may attain an eviction order from the court of law and proceed with the lawful removal of the tenant. If there is any kind of resistance, landlords may file a lawsuit during which a judge will rule based on evidence the landlord can provide of non-payment or noncompliance with the lease agreement.

• Are evictions on public record in Florida?

  Yes, evictions will remain on public records for seven years in Florida, which may pose future challenges for evicted tenants in housing. 

• How much notice does a landlord have to give a tenant to move out?

  A landlord is legally obligated to provide three to seven days’ notice to terminate for cause in Florida. If terminating without cause, however, the landlord must provide the tenant at least thirty days to move out.

• Does an eviction notice have to be served by a Sheriff?

  No, landlords can serve eviction notices, as long as they were obtained through a court order. Law enforcement must be used in the lawful removal of a tenant, however. 

• What happens when you get a 24-hour eviction notice in Florida?

  24-hour eviction notices are given to tenants after their landlord has won an eviction hearing. These 24 hours are provided as part of a writ of possession, indicating law enforcement’s legal right to take possession of the property and allowing tenants this time to gather their belongings and vacate the unit.

• How much does it cost to evict a tenant?

  Eviction costs will depend on whether there exist any damages or how much the tenant owes in rent money. In Florida, landlords can expect to pay between $180-400 in filing fees, followed by $50-100 in service fees.

• Can you evict someone without a lease in Florida?

  Technically, landlords may evict a tenant who does not have a lease, according to ejectment law. Ejectment allows landlords to remove someone who is not paying rent for a unit in which they are living. The reason for ejectment can be as simple as they are no longer wanted in the unit.