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How to Evict a Tenant in Florida
The process of evicting a tenant in Florida can be a complex one that requires strict compliance with state laws. Whether you’re dealing with a tenant without a lease or you are a tenant encountering an unlawful detainer, following these step-by-step guidelines can help you navigate the eviction process in Florida:Â
- Understand the Grounds for Eviction
- Provide Proper Notice to the Tenant
- File an Eviction Complaint
- Attend the Court Hearing
- Obtain a Writ of Possession
- Take Possession of the Property
Being aware of Florida eviction laws and following appropriate legal procedures can assist landlords in managing evictions successfully.
Step 1: Understand the Grounds for EvictionÂ
Florida eviction laws enable landlords to initiate evictions only under particular circumstances, so the landlord must first verify that the eviction is lawful. Common reasons for eviction include:
- Failure to pay rent
- Lease violations
- Termination of a lease with the tenant refusing to vacate the premises
- Illegal activities on the property
For landlords, the first step should be to collect documented evidence of any violations because legal action may prove necessary at a later stage.
Step 2: Provide Proper Notice to the Tenant
Florida law requires that landlords serve tenants with written notice before going to court and filing for eviction. The particular type of notice corresponds with a time period to resolve the matter, depending on the reason for the eviction:
- 3-day Notice – For failure to pay rent, this notice allows the tenant three days to pay the rent or else to vacate the premises.
- 7-day Notice to Cure – For lease violations that may be remedied, the tenant has seven days to resolve the issue before vacating.
- 7-day Unconditional Notice – For severe lease violations that cannot be resolved, a landlord must provide seven days for the tenant to vacate the property.
- 15-day Notice – For month-to-month tenants without a lease or whose lease has expired, this notice allows fifteen days before terminating the agreement.
Step 3: File an Eviction Complaint (Unlawful Detainer)
If a tenant fails to comply with the written notice within the specified time, the landlord may file an unlawful detainer lawsuit in the county court where the property is located. Appropriate documents such as a copy of the lease, proof that the notice was served, and evidence showing lease violations by the tenant are important inclusions with the complaint.
After the landlord or attorney files the eviction suit, the court then serves the tenant with a summons requiring a court appearance. A sheriff or court official must serve this summons, and the tenant then has five days to respond, or the landlord can petition the court for a default judgment.  Â
Step 4: Attend the Court Hearing
If the tenant decides to contest the eviction, the court will schedule a hearing. Each side may present its evidence and arguments, and the judge decides whether or not to allow the eviction. If the judge rules in the landlord’s favor, the court will issue a judgment for possession, which allows the landlord to continue with the eviction.
Step 5: Obtain a Writ of Possession
If the landlord wins the case, they must request a writ of possession from the court. This document grants the sheriff or other law enforcement officer the power to remove the tenant if they refuse to vacate voluntarily within 24 hours of being served.Â
Step 6: Take Possession of the Property
After the completion of the writ of possession, the landlord should reach out to the law officers to help coordinate its enforcement. Under Florida law, landlords are forbidden from handling self-help evictions, meaning they cannot evict the tenant themselves. This includes changing locks or cutting off utilities. The police will have to remove the tenant from the property in order for the landlord to recover full possession.
Timeline and Costs
Although the timeline varies, the process to evict tenants in Florida normally takes two to six weeks, depending on court scheduling and tenant cooperation. The cost of an eviction also varies, but typically the overall price tag includes court filing fees, attorney’s fees, and payment to the sheriff’s office for serving notices. Both the timeframe and the expense can increase if the tenant decides to challenge the eviction and the case proceeds to trial.
FAQs
How Long Does the Eviction Process Take in Florida?
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.
Can a Landlord Evict You Immediately in Florida?
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.
How Do You Evict Someone From Your House in Florida?
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.
How Much Does Eviction Cost in Florida?
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.
How Do You File an Eviction Notice in Florida?
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.
Is a Writ of Possession the Same as an Eviction in Florida?
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.
How Do You Fight a Writ of Possession in Florida?
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.
Can the Landlord Evict You Without Going to Court in Florida?
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.
