Are you considering evicting a tenant from your Florida rental property? Or, are you simply trying to familiarize yourself with the Florida eviction process? Whatever your use for this information is, this guide has you covered!
To successfully evict a tenant from their rented premises, landlords must carefully follow the law. Anything contrary is bound to fail. Including, trying to eject the tenant without a ‘just reason’, making errors during the process, and trying to carry out a self-help eviction. Evictions that are retaliatory or based on federally protected FHA classes will also fail.
As a savvy landlord, you should always carry out an eviction process as a last resort. That’s because it can be a time-consuming, stressful, and costly exercise to undertake from start to finish.
With that in mind, the following is everything to know about the eviction process in Florida.
What Is the Eviction Process in Florida? Here Is a Guide
Generally speaking, expect the tenant eviction process in Florida to take up to 3 weeks. It can also take longer depending on the just cause for the eviction and whether or not the tenant fights it.
To make sure the process takes as little time as possible, make sure you do the following.
Have a legitimate reason for the eviction. There are specific reasons for tenant eviction. Trying to evict the tenant without a legal reason is bound to fail. In Florida, you can only evict a tenant for not paying rent, staying after the lease has expired, lease violation, or engaging in criminal activity.
Make sure you have documented everything. For example, if evicting the tenant due to property damage, make sure you have documented evidence of the damage.
Familiarize yourself with the state’s eviction laws. Alternatively, hire a property management expert to help carry out the eviction process on your behalf.
Serve the appropriate eviction notice promptly and properly. The contents of an eviction notice as well as the manner of service must be by the law.
Prepare for the hearing by having all the necessary documentation and evidence. Await the court ruling to know what step to take next.
Now that you have a general overview of the process, let’s now walk through each step in detail.
Notice for Lease Termination with Legal Cause
Once you have a just cause for eviction, you can move to the next step and serve the tenant with an eviction notice. This is the very first step to take in a tenant eviction process. An eviction notice tells the tenant the violation they have committed and whether or not they can fix it. It also requires the tenant to act within a specific period.
In Florida, landlords can choose from among four eviction notices depending on the violation the tenant has committed. They are as follows.
3-Day Notice to Pay the Rent Balance Due or Move Out
This notice will give the tenant up to 3 days to either pay the rent due or move out. Usually, rent becomes due on the first day of the month, and becomes late immediately after this date. If you provide tenants with a grace period (not mandatory under Florida law), ensure to honor it.
If the tenant pays the rent due within the 3 days, you won’t need to take any further action. But if the tenant doesn’t make the payment or move out within this period, you can continue the process.
30-Day Notice to Vacate for Tenants with no Lease or those on a Month-to-Month Lease.
To end the lease of such tenants, you must serve them with a 30 days’ notice to move out. If the tenant doesn’t, you can move forward with the process and file an eviction lawsuit against them. Note that the timeline for the notice will depend on how often the tenant pays rent.
7-Day Notice to Comply or Vacate for Committing Minor Lease Violations
Under Florida law, landlords can also evict tenants who commit minor lease violations. Examples of these include failure to keep the unit clean and sanitary, causing minor property damage, and subletting the unit illegally.
To evict the tenant, a 7-day advance notice is required under state law. The tenant can choose to fix the violation or move out within this period. If they don’t do either, you can move on with the eviction process.
7-Day Notice to Vacate for Causing Substantial Property Damage
For tenants who cause substantial property damage or multiple lease violations within a 12 month period, you’ll first need to serve them a 7-day advance notice. Unlike the immediate previous notice, the tenant doesn’t have the option to cure the violation. You can head directly to court if the tenant doesn’t move out within 7 days.
Serving a Tenant with an Eviction Notice in Florida
The following are the options you have when it comes to delivering an eviction notice to a tenant.
Delivering it to the tenant in person.
If hand-delivery fails, you can leave a copy of the notice in a conspicuous area on the property.
Delivering the mail to the tenant by mail.
Tenant Eviction Defenses in Florida
In Florida, tenants have a right to file an answer to an eviction complaint. This will grant the tenant an opportunity to file a defense against their eviction. The following are some examples of legal defenses a tenant can use against their eviction.
The landlord locked them out, removed their belongings from the unit, shut down crucial services, or other illegal “self-help” eviction tactics.
The tenant didn’t violate the lease as the landlord alleges.
The tenant cured the violation within the notice period.
The eviction is due to a federally-protected Fair Housing Act class.
The eviction is a retaliatory act by the landlord.
Attending Court Hearing
If the court rules in your favor, a Writ of Possession will be issued. This serves as the tenant’s final notice to leave their rented premises otherwise a sheriff will forcefully remove them. Depending on the availability of the sheriff’s office it could take a few hours to do so.
Conclusion
Evicting a tenant requires strict adherence to the law by a landlord. Rushing through the process or engaging in illegal removal processes is bound to fail. For expert help in any aspect of landlording, SunnySide Properties can help. We offer a comprehensive suite of solutions designed to make your life easier.
Contact us today to learn more about our services!
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 pertaining to property management may change, rendering this information outdated by the time you read it.
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