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This article provides general information and is not legal advice. For accuracy and specific guidance on landlord-tenant laws, consult an attorney before making any decisions or taking action.
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Evictions come with a lot of stress for both the landlord and the tenant, but sometimes it's inevitable. While landlords have the right to evict tenants from their rental properties, they can only do so for reasons provided by law.
In Florida, the eviction process is governed by specific guidelines as outlined in the Florida Residential Landlord and Tenant Act. These laws are designed to ensure fairness and legal compliance for both landlords and tenants.
This article will cover everything you need to know about Florida eviction laws from the grounds for eviction to how to evict someone in Florida. We'll also be providing answers to questions you might have concerning eviction laws in Florida.
The eviction process in Florida allows landlords to reclaim rental properties under specific circumstances. Landlords can initiate eviction for non-payment of rent, lease violations, significant property damage, or illegal activities.
Before filing, they must provide written notice:
If tenants do not comply, landlords can file an eviction lawsuit in county court, including necessary documentation. A court hearing follows, and if the court rules in favor of the landlord, a writ of possession is issued for law enforcement to remove the tenant.
Tenants have rights during this process, including receiving proper notice and the chance to address lease violations.
Landlords cannot evict a tenant without a valid reason. So, how does eviction work in Florida?
Here are some of these legally recognized grounds for eviction in Florida:
Related: The Step by Step Guide to Avoiding Late Rent Payments
While Florida law is generally favorable to landlords during an eviction process Florida, there are specific actions they must avoid:
State law requires that landlords provide proper eviction notice Florida before trying to evict a tenant.
Below is an overview of the acceptable eviction notice in Florida, which varies based on the condition or type of lease in place.
This notice is issued to tenants who have failed to pay their rent on time. The notice must clearly state the exact amount of rent due and provide the tenant with three days (excluding weekends and holidays) to make the payment.
If payment is still not made after the 3-day notice, landlords may initiate eviction proceedings under Fla. Stat. § 83.56(3).
This eviction notice in Florida is used when a tenant violates the terms of their lease or statutory obligations that can be corrected. The landlord must provide a 7-day notice detailing the specific lease violations and inform the tenant that they have one week to rectify the issue.
If the tenant fails to cure the violation within this period, the landlord can proceed with eviction under Fla. Stat. § 83.56(2)(b).
In cases where a tenant has committed lease violations that cannot be cured, landlords can issue a 7-day unconditional quit notice as per Fla. Stat. § 83.56(2)(a). This notice specifies the lease terms violated and demands that the tenant vacate the property within seven days or face eviction proceedings.
For tenants without a signed lease or those on a month-to-month basis, landlords can terminate tenancy without providing a specific reason, as long as they give proper notice according to Fla. Stat. § 83.57. Month-to-month tenants must receive a minimum of 15 days' notice to vacate.
Since Florida eviction laws do not automatically renew leases upon expiration, tenants who continue to occupy a rental unit after their lease ends are considered "leaseless." The same notice process for month-to-month tenants applies in these situations, ensuring that landlords follow appropriate procedures for termination.
Download Free Florida Eviction Notice Template(s)
Here's an overview of the steps involved in a typical eviction process Florida:
This section will answer the question, “How do evictions work in Florida?” Here’s a detailed overview of the process:
To initiate the eviction process, landlords must issue a written notice to the tenant, clearly stating the reason for eviction and the required time frame for compliance. This notice period can vary based on the grounds for eviction and the type of lease, typically ranging from 3 to 15 days. It is essential for landlords to keep a signed copy of this notice as evidence.
If the tenant does not comply with the written notice, landlords can file an eviction lawsuit in the appropriate county court. This can be done in person or through an e-filing portal. The lawsuit must include pertinent details such as the names of both the landlord and tenant, the reason for eviction, the property address, and a copy of the notice served to the tenant.
Once the lawsuit is filed, tenants will be served with a summons and complaint regarding the eviction. They have up to 5 days to contest the lawsuit in writing. If a tenant contests, it may prolong the court process as they will need to present valid reasons for not being evicted.
A court hearing is scheduled where both parties present their case before a judge. Essential documents such as the rental agreement, eviction notices, and any supporting evidence must be submitted. After reviewing all materials, the judge will make a ruling; if the tenant fails to appear, the judgment will typically favor the landlord.
If the landlord wins the case, they will receive a writ of possession, which legally requires the tenant to vacate the premises within 24 hours. Should the tenant refuse to leave, law enforcement authorities will assist in their removal.
After obtaining the writ of possession, authorities will return control of the property to the landlord. If necessary, law enforcement may oversee the removal of any remaining personal property from the premises to ensure a smooth transition.
To answer the question “How long does the eviction process take in Florida?”, we'll have to examine all the processes involved.
Here’s a comprehensive timeline for each step in the eviction process in Florida, based on average timelines:
Overall, the entire eviction process in Florida can take approximately 20 to 37 days to complete, depending on the circumstances and any potential delays.
When preparing for an eviction hearing in Florida, landlords must be organized and equipped with the necessary documents and evidence to support their case.
Here’s what landlords need to know and prepare:
In Florida, tenants have specific rights that protect them during the eviction process.
For landlords in Florida, successfully navigating the eviction process requires a thorough understanding and adherence to state eviction laws. This includes providing tenants with a proper notice to vacate and, if the tenant does not comply, proceeding to a court hearing. If the landlord wins the case, a Writ of Possession will be issued, authorizing law enforcement to remove the tenant if necessary.
It is crucial for landlords to recognize that tenants have rights and can contest an eviction in court. Therefore, landlords should diligently gather all necessary evidence and documentation to support their case, ensuring they are well-prepared for any legal proceedings.
