Eviction is the act of removing a tenant from the landlord’s property. Landlords cannot “self-help” evict a tenant – for example, by changing locks, shutting off the utilities, removing a tenant’s belongings, etc. Eviction, rather, must be pursuant to Florida Statutes Chapter 83, Landlord-Tenant. This process is the key to protecting property rights and preventing costly errors.
This manual will describe what eviction is, just cause reasons for eviction, notice requirements, and the procedures a landlord must follow in Florida.
Eviction is a judicial process to expel a tenant from the leasehold. Eviction in Florida is not making up on the spot, but a process of law, where the landlord takes action to remove a tenant from the property if they do not adhere to the lease or state law. The process does a lot to protect both landlords and tenants: it provides one with a legal and organized method to regain occupancy of his or her property and gives the other a way to assert their rights.
Typical Grounds for Eviction in Florida
Under Florida law, there are a few acceptable reasons an eviction can be justified:
- Failure to pay the rent: The number one reason for eviction.
- Lease Violations: Unauthorized pets, illegal activity or unauthorized occupants.
- Property damage or nuisance: Damaging, destroying property or interfering with the quiet enjoyment of other tenants.
- Holdover tenants: Tenants who stay beyond the expiration of a lease.
Prohibited Reasons
Landlords may not lock tenants out for discriminatory or retaliatory reasons. Evictions on account of race, religion, sex, familial status, disability, or national origin are illegal under the Fair Housing Act. A tenant cannot be evicted for reporting housing code violations.
Why Is Eviction So Complicated?
There are legal steps to the eviction process. Uniformity is also important because any error – e.g., an incorrect or mis-served notice or failure to offer proof of service, or a landlord’s ill-fated attempts at “self-help” – will lead to a dismissal of the case, even monetary sanctions for the landlord. The Florida courts do not take tenant rights lightly, and while the general process for evictions is designed to be straightforward and quick, eviction filings still must be prepared properly, and the deadline and filing rules must be met.
Notices to be Served Before Filing Eviction
Florida landlords are required to provide written notice before filing an eviction lawsuit. These notices are also commonly known as “notices to quit.” Notice type varies depending on the reason behind your eviction:
1. 3-Day Notice to Pay, or Quit
Employed when a tenant is delinquent in rent. This unpaid rent shall be due within three business days, exclusive of weekends and holidays, after demand in writing.
2. Seven-Day Notice to Cure or Vacate
Issued if the tenant breaks the lease (like having unauthorized pets). The tenant has seven days to remedy the violation or vacate.
3. Seven-Day Unconditional Quit Notice
Employed in cases of serious offences, including damage to property, or blatant repeated refusal to obey. Tenant has seven days to vacate with no right to cure.
4. Fifteen-Day Notice for Month-to-Month Tenancies
Needed for a landlord to end a month-to-month lease agreement for reasons other than cause.
The correct service of the notice is essential. It can be personally served to the tenant, tacked on the door, or sent in the mail through proper Florida procedures. You need to file proof of service with the court when you file the case.
Step-by-Step Eviction Process in Florida
Step 1: Serve the Notice
The landlord serves the written notice as legally required. If the tenant does not respond, the process moves forward.
Step 2: File a Complaint
After the notice period ends with no cure, the landlord files an eviction suit with the county court where the property is located. Filing fees apply.
Step 3: Service of Summons and Complaint
The court issues a summons and complaint, which must be served by a sheriff or a legal process server. The tenant then has 5 business days after that to respond in writing.
Step 4: Tenant Response
If the tenant doesn’t answer, the landlord can seek a default judgment awarding possession.
Step 5: Court Hearing
Evidence is presented at the hearing by both sides. The judge determines whether the eviction is in accordance with Florida law. If the landlord prevails, the court will issue a final judgment for possession.
Step 6: Writ of Possession
The court grants a writ of possession, and the sheriff is ordered to evict the tenant. The sheriff puts a 24-hour notice on the property. The sheriff enforces the writ and must witness the eviction if the tenant fails to leave.
Timeframe for Eviction in Florida
There is a range in how long these cases move through the system, moving more quickly if the tenant responds:
- Uncontested cases: 2–4 weeks.
- Contested cases: Weeks to months, depending on court dockets and motions filed.
The delays are frequently due to improper notices, incomplete paperwork, or battles over the terms of the lease.
Tenant Rights During Eviction
Tenants have rights throughout the eviction process. They may:
- Contest the eviction in court.
- Pay past due rent within the notice period to stop eviction (if applicable).
- Appeal a judgment.
- Ask for more time to move in cases of hardship.
Landlords need to be cautious not to violate these rights to be compliant and also in order to avoid possible counterclaims.
Alternatives to Eviction
- Under certain circumstances, eviction can be prevented by the following:
- Cash for keys: The payment of money to a tenant to leave a property voluntarily.
- Mediation: Resolving disputes without litigation.
- Breaking Lease Contract: Consensual termination of the lease agreement.
These strategies could save both time and money in legal fees and help maintain landlord-tenant relations.
How OfferMint Can Help
We realize that eviction is unpleasant and very costly. If you’re struggling with bad tenants and need a quicker solution, your best bet may be to sell. We buy houses in Florida just as they are, even if there are tenants. This removes the hassle of going through the eviction process yourself.
We provide:
- We pay fair cash for Florida homes.
- Quick closings, often within days.
- Freedom for landlords unable to evict.
- Contact OfferMint today if you would like to skip the courtroom and proceed stress-free.
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Conclusion
Understanding how do I evict a tenant in Florida is essential for landlords seeking to protect their property while complying with state law. It is a process that must be followed closely in regards to the notices, filings, and tenants’ rights. Although the eviction may be time-consuming and frustrating, landlords have legal recourse to reclaim the property. For those homeowners who want a quicker, hassle-free property sale, selling the home to a reliable cash buyer such as OfferMint can offer almost instant relief.
