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.
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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.
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.
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.
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.
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.
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...
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...
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The conditions under Florida law for civil harassment restraining orders stem from violent incidents or legitimate threats, as well as stalking and harassment. When drafting a petition, it’s essential to present evidence that demonstrates specific instances of such behavior.
Florida Statute 784.048 defines civil harassment as engaging in “a course of conduct directed at a specific person which causes substantial emotional distress to that person and serves no legitimate purpose.” For neighbor disputes, this may include excessive noise, property damage, verbal abuse, or unwanted contact.