In Florida, landlords have clear legal guidelines for evicting tenants, which are outlined in Florida Statute § 83.40 et seq. Here’s a simplified overview of the process:
Common Reasons for Eviction:
Non-payment of rent.
Violation of lease terms, such as having pets when not allowed.
Failure to keep the rental unit in good condition as required by law.
Steps in the Florida Eviction Process:
Issuing a Proper Notice:
3-Day Notice for unpaid rent, giving tenants three days to pay or face eviction.
7-Day Notice to Cure for other lease violations, allowing a week to correct the issue.
7-Day Unconditional Quit Notice for serious breaches that can't be remedied, requiring tenants to leave within a week.
Filing for Eviction: If the tenant doesn’t resolve the issue within the notice period, landlords can file an eviction lawsuit at the local county courthouse. This includes submitting the necessary documents and paying filing fees.
Service of Process: The tenant must receive the eviction summons and complaint, either in person, by certified mail, or by posting at the residence.
Court Hearing: If the tenant responds, a court hearing is scheduled. Landlords should bring all relevant documents and evidence. A judge will make a ruling based on the information presented.
Enforcement of Eviction: If the court grants an eviction, a writ of possession is issued and executed by the county sheriff, giving the tenant a short time to vacate.
Need Legal Help? Evictions can be tricky, and following the legal procedures accurately is essential. Consulting with an eviction attorney can help ensure everything goes smoothly.
Note on Eviction Practices: It’s important for landlords to avoid illegal "self-help" practices like changing locks or shutting off utilities. These actions can lead to significant penalties, including damages and attorney fees. Hiring a professional property management firm is a good way of avoiding eviction issues and risks.
Understanding and respecting the legal process not only facilitates a smoother eviction but also maintains a professional relationship with tenants, even in challenging situations. Hire a professional property management team and you will enjoy the peace of mind that a professional is handling this relationship on your behalf.
