Understanding the Eviction Process in Florida: A Step-by-Step Guide

Step 1: Determine the Grounds for Eviction

In Florida, a landlord can evict a tenant for several reasons, including:

• Non-payment of rent
• Violation of lease terms
• Expiration of the lease agreement without renewal
• Illegal activities on the property

Step 2: Provide Proper Notice

Before proceeding with an eviction, landlords must provide the tenant with a written notice. The type of notice depends on the reason for eviction:

• Three-Day Notice: For non-payment of rent, giving the tenant three business days to pay the overdue rent or vacate.
• Seven-Day Notice: For lease violations, allowing the tenant seven days to correct the issue or vacate.
• Fifteen-Day Notice: For termination of a month-to-month lease, requiring the tenant to vacate within 15 days.

Step 3: File an Eviction Lawsuit

If the tenant does not comply with the notice, the landlord can file an eviction lawsuit, also known as an “unlawful detainer” action, at the county court. Being organized with the proper documents, dates, and facts is essential for this step. The landlord must:

• File a Complaint for Eviction
• Pay the filing fee
• Serve the tenant with a Summons and Complaint *this must be done by the County sheriff or a certified processor. Do Not Do This Yourself!

Step 4: Tenant Response

Once served, the tenant has five business days to respond to the complaint. They can either:

• Contest the eviction by filing a written response
• Choose not to respond, resulting in a default judgment for the landlord

Step 5: Court Hearing

If the tenant contests the eviction, a court hearing will be scheduled. Both parties present their case, and the judge makes a decision based on the evidence provided.

Step 6: Judgment

If the court rules in favor of the landlord, a Judgment for Possession will be issued. This judgment allows the landlord to take back possession of the property. If the tenant wins, they can remain in the property.

Step 7: Writ of Possession

If the tenant does not vacate after the judgment, the landlord can request a Writ of Possession from the court. This writ gives the tenant 24 hours to leave the property. If they fail to do so, the sheriff will oversee the tenant’s removal.

Step 8: Reclaiming the Property

After the tenant vacates, the landlord can legally change the locks and take possession of the property. Any personal belongings left behind by the tenant must be handled according to Florida law, which typically requires giving the tenant notice to claim their belongings within a specified period.

How Sunny & Associates Can Help

Sunny & Associates are well-versed in the Florida eviction process and have successfully helped many landlords remove unwanted tenants, often without the need for a court hearing. Their expertise can streamline the eviction process, saving you time and reducing stress.
For more information or to see if Sunny & Associates can assist you, contact Joe Jennings for a free consultation. Visit Sunny & Associates Contact Page to get started.

Conclusion

The eviction process in Florida is structured to protect the rights of both landlords and tenants. By following these steps carefully, landlords can ensure a legal and efficient eviction process. For tenants, understanding these steps can help in knowing their rights and responsibilities.

For more detailed information on landlord-tenant laws and the eviction process in Florida, visit Sunny & Associates Property Management.

Joe Jennings Broker, Sunny & Associates Realty

Contact Information:

• Phone: 850-296-2524
• Email: [email protected]
• Web: Contact Form