Evictions can be challenging and require a clear understanding of Florida’s landlord-tenant laws and procedures. This article is tailored to provide landlords with essential information, guiding them through each step of the Florida eviction process. From understanding the legal grounds to filing an eviction lawsuit and handling legal proceedings, we aim to equip you with the knowledge needed to navigate this process smoothly and legally.
What is an Eviction
An eviction under Florida law is a legal process that involves several steps, beginning with the Florida landlord issuing a written notice to the tenant. This eviction notice varies based on the reason for eviction, such as non-payment of rent or lease violations. If the tenant fails to resolve the issue, the landlord can file a complaint in court. Make sure that none of the reasons for the eviction violate a tenant’s Fair Housing rights.
The summons and complaint must be properly served. The case may proceed through a contested hearing or a default process, depending on the response and legal requirements. After judgment for possession, the clerk issues a writ to the sheriff, who executes it. Timing depends on service, filings, defenses and court scheduling. See Miami-Dade residential eviction summons, §83.62.
Legal Reasons for Eviction in Florida
Under Florida law, a landlord can only evict a tenant for legitimate reasons. These include:
- Non-payment of Rent: This is one of the most straightforward grounds for eviction. If a tenant fails to pay rent as agreed, the landlord has the legal right to initiate the eviction process.
- Violation of Lease Terms: Any breaches of the lease agreement, such as unauthorized pets, failure to maintain the property or pay rent, or other lease violations, provide grounds for eviction.
- Lease Expiration or No Lease: Tenants who stay beyond their lease term without renewing it or those on an expired lease or rental agreement can be evicted with proper notice.
- Substantial Property Damage: Tenants who cause significant damage to the property can be evicted. If the damage goes beyond normal wear and tear, Florida landlords can use the tenant’s security deposit to cover the cost of repairs.
Eviction Notice Requirements and Cure Periods
The type of Florida eviction notice a landlord must provide depends on the reason to evict tenants:
- Rent Nonpayment: A three-day pay-or-vacate notice generally applies, excluding Saturdays, Sundays and court-observed legal holidays. See §83.56(3).
- Periodic Tenancies: Month-to-month termination generally requires at least 30 days’ written notice before the end of the monthly period. Weekly, quarterly and yearly periods have different deadlines; an oral lease does not by itself determine the period. See §83.57.
- Curable Lease Violations: Qualifying curable noncompliance generally requires a seven-day written opportunity to remedy the violation under §83.56(2)(b).
- Noncurable or Repeated Violations: Qualifying noncurable conduct or a similar violation repeated within 12 months may permit a seven-day termination notice without another opportunity to cure under §83.56(2)(a). Review the facts and statutory wording.
Eviction Process in Florida
Here are the essential steps of the eviction process in Florida:
Serving Notice to Tenant
First identify the required pre-suit notice and its proper delivery method. Section 83.56(4) specifies the permitted methods; do not assume a notice can be handed to any occupant or served by any convenient method. An eviction notice is distinct from court-issued process. See Florida notice requirements.
Court Filing and Eviction Lawsuit Process
If the tenant doesn’t resolve the issue or move out by the deadline given in the eviction notice, the landlord can go to court. The landlord files a complaint at the local court, providing details like why they are evicting the tenant, and when they served the notice. This starts the legal part of the eviction.
Tenant Summons and Response
Residential eviction is handled through the county civil court. After service, the tenant normally has five days, excluding Saturdays, Sundays and legal holidays, to respond. A tenant raising a defense other than payment must also comply with the rent-registry requirements or timely seek a court determination of the amount. A default can occur without a hearing; there is no guaranteed hearing within 20 days. See Miami-Dade County Civil Court and the residential eviction summons.
Court Hearing and Judgment
If the tenant contests the eviction, the court will schedule a hearing. Both the landlord and tenant need to go to this eviction hearing. The tenant and landlord can bring evidence, like the lease agreement or photos of the rental unit, to support their case.
Failure to respond or comply with applicable rent-registry requirements can lead to a default judgment, subject to the required filings and legal protections. A contested case may require a hearing; a hearing is not guaranteed in every default case. See §83.60.
Finalizing Evictions
After a judgment for possession, the clerk issues the writ to the sheriff. The sheriff posts the required 24-hour notice and executes the writ; the landlord may not carry out a self-help eviction. Lock changes and handling belongings must follow the applicable statutory process, including §83.62. See §83.62.
Costs of Eviction in Florida
Evicting a tenant in the state of Florida involves various fees, including filing fees, the cost of serving the summons, and fees for the Writ of Possession. It should be noted that these fees can vary by county. There might also be other optional costs, like if the landlord decides to appeal the court’s decision.
Bottom Line
Navigating the eviction process in Florida can be a complex and daunting task for landlords and property owners. While this guide aims to provide a comprehensive overview, each situation has its unique challenges. Florida landlords must also ensure that they adhere to lease termination policies, Fair Housing Laws, and other landlord-tenant laws. To ensure a smooth and legally compliant process, consider enlisting the expertise of a property management company.
Novel Management, with our extensive experience and personalized approach, can be an invaluable partner in managing your property effectively. By choosing our property managers, you can rest assured that your property and tenants are in capable hands, freeing you to focus on other important aspects of your real estate investment.
Disclaimer: Please note that the information provided in this blog is intended for general guidance and should not be considered as a replacement for professional legal advice. It is important to be aware that laws about property management may change, rendering this information outdated by the time you read it.
