Evicting a tenant is a challenging and often emotionally charged process. In Florida, like many other states, there are specific steps landlords must follow to ensure a lawful eviction. Understanding these steps is crucial for to navigate the process without any speedbumps. In this blog post, we’ll discuss the five key steps for evicting a tenant in Florida.
Step 1: Identify The Reason for Eviction
Before initiating the eviction process, landlords in Florida must have a valid reason for doing so. Common reasons include non-payment of rent, violation of lease terms, and illegal activities on the property. It’s important to thoroughly document the reasons for eviction, including dates, communication records, and any relevant lease agreements.
Step 2: Provide Written Notice
Once a valid reason for eviction is established, landlords must provide written notice to the tenant. The type of notice depends on the reason for eviction:
a. Non-payment of rent: A 3-day notice to pay or vacate is required.
b. Lease violation: A 7-day notice to cure or vacate is typically given.
c. No-cause termination: A notice is given, with time periods corresponding with the period of the lease.
These notices must include specific details such as the amount owed, the lease violation, or the termination date. Sending notices via certified mail with return receipt requested helps ensure proof of delivery.
Step 3: Filing the Eviction Lawsuit
If the tenant fails to comply with the written notice, the next step is filing an eviction lawsuit in the appropriate county court. After the complaint is filed and court fees are paid, the court will then issue a summons for service, which requires the tenant to respond to the complaint within 5 days. If the tenant is in default for failing to pay rent, the tenant will also be required to deposit the past due rent in the court’s registry, or file a motion to determine the past due rent.
Step 4: Obtain a Final Judgement for Eviction
In many cases, tenants fail to respond to the complaint or pay the past due rent into the court’s registry as required by law. If that happens, the landlord can motion for a “clerk’s default,” and afterwards, a “final default judgment” for eviction.
If the tenant answer the complaint and pays the past due rent into the court’s registry, the case will proceed to trial on the merits. Alternatively, if the tenant files a motion to determine rent, the court will conduct a hearing on the motion and determine the amount of rent that the tenant must pay into the court’s registry prior to conducting a trial.
Step 5: Writ of Possession and Enforcement
After the court enters judgment, either through default, or after trial, the judgment must be enforced against the tenant through a writ of possession carried out by the sheriff. Typically, the sheriff will coordinate with the landlord to execute on the writ of possession and change the locks at the property. After this occurs, the tenant has been formally evicted, and the landlord is let into possession of the property.
Closing:
Evicting a tenant in Florida involves a structured legal process that aims to protect the rights of both landlords and tenants. Understanding and following these five key steps is crucial for a smooth and lawful eviction. While the process can be challenging, adhering to the law and maintaining clear communication throughout can help mitigate potential issues and ensure a fair resolution for all parties involved.
DISCLAIMER: The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.
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