Eviction Process in Florida – 7 Steps to Evict a Tenant

What is The Eviction Process?

The eviction process begins with a three day letter and finishes with a writ of removal. The entire process can be done is as little as one week if the eviction is uncontested, or take years in unusual circumstances. On average, an eviction process takes about 15 days if there are no valid defenses to the eviction action.

An eviction occurs when a tenant has breached the terms of the tenancy in some material way, or has refused to move out once the rental agreement has expired. An eviction is different from an ejectment. An ejectment is a different process than an eviction and occurs when there is no tenancy agreement at all, such as when “guest” overstay their welcome.

An eviction, with a qualified attorney can cost about $1,000.00 if it is uncontested, or thousands if it is contested with valid defenses.

1. Give the tenant a 3-days notice to either pay the outstanding rent or vacate the premises.
2. Write down a complaint and file for eviction. Eviction can be filed with any county clerk serving at a court in a particular county.The landlord must mention “Plaintiff” and his/her contact details on the complaint. He/She must also mention “Defendant” and the tenant’s contact information.
3. The complainant needs to create a heading “Complaint” and list the following underneath.
   • A mention of an attempt to evict a renter from real property in a particular county, naming the county thereafter.
   • The fact that the landlord owns the said property, providing its address.
   • Mention that the tenant had agreed to pay the rental fee providing the amount. Attach a written agreement copy.
   • Mention the date that the last rent was due, and that the tenant failed to pay then.
   • Mention the date the defendant was served with a notice on, to either vacate or pay.
   • Request the judge to evict the occupant and hold him/her responsible for any pertinent costs.
   • Notarize the complaint; either file the same at the clerk’s or swear to the same in the presence of a clerk. Pay the required fee.
4. Find out whether the tenant reverted to the summons from the clerk’s office. A tenant has 5 working days to respond. If they answered and paid the outstanding rent, contact the county court to schedule a trial.
5. Ensure the delivery of the hearing notice to the tenant along with case number, hearing time, date and venue details, and the date of notice.
6. File a motion seeking default judgment, either with the clerk or with the court, in case the occupant fails answering the summons.
7. The complainant will now need to wait for the county court to commence upon a judgment. In case the judge passes judgment in favor of the landlord, the sheriff will be ordered to evict the occupant in 24 hours flat. The sheriff will need to serve a summons of possession ordering the occupant to vacate. The landlord will be required to pay for the same.

How Long Does The Eviction Process Typically Take?

Florida eviction process law can seem overwhelming, but thankfully legal professionals can help. In most cases, the eviction process can take anywhere from a few weeks to several months. It generally begins with a notice to the tenant, which provides them with a set period to correct the issue, such as paying rent or moving out. If the tenant does not comply, we may need to file a formal eviction lawsuit. After that, there’s usually a court date set to review the case. If the court rules in favor of the landlord, the tenant is given a final notice to vacate. It’s important to stay on top of deadlines throughout the process to avoid unnecessary delays.

What Are The Common Reasons For Eviction?

There are several reasons why a landlord might pursue eviction, with non-payment of rent being the most common. Other valid reasons include violating the lease agreement, causing damage to the property, or engaging in illegal activities on the premises. According to Florida eviction process law, a landlord may also evict tenants if they wish to take the property off the rental market or make substantial renovations. However, we have to make sure all procedures are followed correctly, and the reasons for eviction align with local and state laws.

What Steps Should We Take Before Filing For Eviction?

Before filing for eviction, we must give proper notice to the tenant. This notice outlines the reason for eviction and provides the tenant with a chance to resolve the issue, whether it’s paying overdue rent or correcting a lease violation. Depending on the reason for the eviction and the state laws, the notice period may range from a few days to over a month. Once the notice period ends without resolution, we can proceed with filing the necessary paperwork with the court to start the eviction lawsuit. Keeping accurate records of all communications and payments is essential during this stage.

Can A Tenant Be Evicted Without Going To Court?

In most situations, tenants must go through the formal court process before being evicted. Even though we may serve a notice for the tenant to leave, they are only required to vacate if a court order is issued. Skipping the court process and attempting to remove a tenant without legal authorization can lead to serious penalties for the landlord. We’ll always want to follow the proper legal procedures, which include filing for eviction in court and attending a hearing where a judge will review the case.

What Happens If The Tenant Refuses To Leave After An Eviction Order?

If the court issues an eviction order and the tenant refuses to vacate the property, we may need to involve local law enforcement to enforce the order. The tenant is typically given a set amount of time, often a few days, to move out after the court’s decision. If they don’t leave within that time frame, we can request that law enforcement step in to remove the tenant from the property. While it’s a difficult situation, we’ll want to ensure everything is done according to local laws to avoid further complications.

With over seventy-five years of combined legal experience, we understand that the eviction process can be stressful and time-consuming, but it’s important to approach it with the right knowledge and support. If you’re dealing with a difficult tenant and are unsure about your options, we’re here to help. Reach out to our team at Law Offices of Arcadier, Biggie & Wood today to discuss Florida eviction process law. Let’s work together to find the best solution for you and your property.