Florida has specific laws and procedures as it relates to the eviction process. If you are a landlord or a tenant, it is essential to understand these laws. To ensure that you follow the proper steps.
Sometimes the landlord has to exercise his/her rights to evict the tenants. The reasons for eviction vary. Nonetheless, there can be no self-help actions as the eviction will be illegal.
Continue reading for details of the Florida eviction laws process. There are tips for landlords and tenants on successfully going through this process.
Reasons for Eviction in Florida
The most common reasons for eviction in Florida include failure to pay rent. Violating the rental agreement, or engaging in illegal activity on private property. However, there are several other reasons why a landlord may want to evict a tenant. Some reasons may be:
- Expiration of the lease agreement: If a tenant’s lease has expired. And they have not moved out or signed a new lease, the landlord may start the eviction process.
- Abandonment: If a tenant has abandoned the rental property without notice, the landlord may begin eviction.
- Illegal use of the property: If a tenant uses the rental property for illicit activities. The landlord is entitled to start eviction.
- Damage to the property: If a tenant has caused damage to the rental property. The landlord may start the eviction process.
The eviction process in Florida
The eviction process in Florida is governed by Chapter 83 Florida Statute.
Step 1: Give Notice
The first step when it comes to the eviction of tenants. Is that the landlord has to provide the tenant with notice. The notice a landlord gives depends on the reason. For example, if the tenant doesn’t pay rent on time. The landlord should give them a 3 days’ notice to pay rent or vacate the premises. If the tenant violates their lease agreement, then the landlord should give a 7 day notice. To cure the violation or vacate the property.
Step 2: File a Complaint
If the tenant does not vacate or stop the violation, the landlord may file a complaint with the court to begin eviction. The complaint must be filed in the county where the rental property is located and include a copy of the written notice provided to the tenant.
Step 3: Sent the Complaint
Once the complaint has been filed, the tenant must be served a copy of the complaint and a summons to respond within 5 days of service.
Step 4: Attend the Hearing
The next step in an eviction is for the landlord and tenant to attend a hearing depending on the tenant’s response to the complaint.
Step 5: Get Order for Possession
If the judge gives a ruling in favour of the landlord, they will issue an order in favor of the landlord. The order will give the tenant a specific amount of time to vacate the property.
Step 6: Apply for Writ of Possession
If the tenant still does not evict the property within the time specified for possession, the landlord can apply for a writ of possession. A sheriff will serve the writ of possession, and the tenant will be forcibly removed from the property.
Tips for Landlords
- Provide proper notice: Landlords need to provide the proper notice to tenants before starting the eviction process. This will help ensure that the process moves smoothly.
- Keep accurate records: Keeping accurate records of rent payments, lease agreements, and any notices or complaints is essential in case a dispute arises.
- Hire an attorney: If you are unsure about the eviction process or have issues with notices and court sessions, you can hire an attorney. Call
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