Question 1

How Long Does the Eviction Process Take in Florida?

Accepted Answer

Typically, landlord-tenant disputes end successfully, and the eviction process can last anywhere from a couple of weeks to a couple of months to complete. In Florida, on average an eviction takes two to six weeks, depending on how quickly the court schedules hearings and the degree of the tenant’s resistance. A trial can often cause more delays in the process.

Question 2

Can a Landlord Evict You Immediately in Florida?

Accepted Answer

No, landlords cannot evict tenants on the spot. Under Florida law, landlords must follow a legal process: they must serve a tenant with a written notice and then obtain a court order before evicting the tenant.

Question 3

How Do You Evict Someone From Your House in Florida?

Accepted Answer

First, you will need to give a written notice to the tenant (such as a 3-day notice for unpaid rent or a 7-day notice for lease violations). If they don’t comply, file an eviction lawsuit, get a court date, and win the suit to obtain a writ of possession before moving forward with eviction.

Question 4

How Much Does Eviction Cost in Florida?

Accepted Answer

In Florida, the cost of eviction varies but usually includes court filing fees, attorney’s fees, and sheriff’s department fees for serving notices. Going to trial can add further expenses.

Question 5

How Do You File an Eviction Notice in Florida?

Accepted Answer

The first step is to begin working on preparing a letter (for example, providing a 3, 7, or 15-day period to remedy the issues as the case may be). If they don’t fix the problems or leave the property, deliver the letter to the tenant, and file an eviction complaint (unlawful detainer) in county court.

Question 6

Is a Writ of Possession the Same as an Eviction in Florida?

Accepted Answer

No. A writ of possession is a court order that law enforcement can execute after the landlord has already won the eviction lawsuit. This is the final step in the eviction process and usually results in an eviction.

Question 7

How Do You Fight a Writ of Possession in Florida?

Accepted Answer

To challenge an eviction, a tenant must present evidence in court, which should include proof that they paid rent or that they were evicted without following the proper eviction procedures according to state law.

Question 8

Can the Landlord Evict You Without Going to Court in Florida?

Accepted Answer

Florida law does not allow a landlord to evict a tenant on their own and they may not change locks or turn off utilities without a court order. The landlord is required to go through the legal process in court to evict a tenant.

Question 9

How long does the eviction process take in Florida?

Accepted Answer

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.

Question 10

What are the eviction laws in Florida?

Accepted Answer

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.

Question 11

How does eviction work in Florida?

Accepted Answer

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.

Question 12

Are evictions on public record in Florida?

Accepted Answer

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

Question 13

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

Accepted Answer

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.

Question 14

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

Accepted Answer

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.

Question 15

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

Accepted Answer

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.

Question 16

How much does it cost to evict a tenant?

Accepted Answer

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.

Question 17

Can you evict someone without a lease in Florida?

Accepted Answer

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.

Category: Landlord-Tenant Law

Category: Landlord-Tenant Law