As a landlord in Florida, there may come a time when you need to evict a tenant for various reasons. However, it's essential to follow the proper legal procedures to avoid any legal repercussions. The Florida eviction process is guided by Chapter 83 of the Florida Statutes, which outlines the steps landlords must take to end a tenancy legally.
In this article, we'll provide a comprehensive guide to the Florida eviction process and the different types of notices used, giving landlords the knowledge they need to navigate this process successfully.
1. Decide whether to proceed with the eviction process in Florida.
The first step in initiating an eviction in Florida is to assess whether there are sufficient grounds for pursuing this legal action. This involves identifying any breaches of the tenant's contractual obligations, such as violating the terms of the lease agreement or failing to pay rent. In addition, the tenant's actions may have contravened applicable laws at the local, state, or federal level, which may also constitute grounds for eviction.
Examples of such violations include engaging in illegal activities on the premises, causing damage to the property, or creating a nuisance for other tenants or neighbors.
2. Check for lease term violations in Florida.
Before proceeding with an eviction in Florida, it is crucial to ensure that you, as the landlord, have complied with all the terms and conditions of the lease agreement. This will help to avoid any potential counterclaims from the tenant during the eviction hearing. Specifically, it is essential to adhere to Florida's safety, building, housing, and health codes to ensure that the property is habitable and safe for the tenant.
In addition, it is important to follow all the rules and regulations governing the Florida eviction process. This includes providing the tenant with proper notice and adhering to the timeline specified by law. Failure to follow these rules can result in delays, fines, or even dismissal of the eviction case.
Moreover, maintaining common areas in a habitable condition is also important, as this ensures that the tenant can enjoy the full use of the property. Any repairs that are feasible and necessary should be conducted promptly to prevent any further damage to the property and to ensure the tenant's safety.
3. Notify the tenant of the eviction
When there is a valid reason for eviction, it is essential to notify the tenant in writing before commencing the legal eviction process. This notice should be a formal letter that reminds the tenant of the lease agreement terms and informs them of the potential consequences of failing to comply.
In the letter, the landlord should clearly state the reasons for the eviction and provide a deadline for the tenant to rectify the issue. It is essential to ensure that the letter is clear and concise, as it will be used later as evidence in support of the eviction complaint.
To ensure that the letter is delivered and received by the tenant, it is recommended to use a certified mail service. This provides proof of delivery, which can be used later in court if necessary. It is also advisable to keep a copy of the letter for personal records.
4. Notice of Termination with Cause
If a landlord wishes to terminate a tenancy and proceed with eviction, they must provide the tenant with a written notice of termination that specifies the reason for the eviction. The type of notice required depends on the cause for termination, and it is important to select the appropriate notice to avoid having the case dismissed by a judge.
Here are the different types of notices that can be used in Florida:
3-Day Notice to Pay or Quit:
This notice is used when the tenant has not paid rent. The notice must contain specific information and must not include the first day of service, weekends, or holidays when counting the three-day notice period. Once the three days have passed, the landlord can file an eviction lawsuit.
7-Day Notice:
This notice is used when the tenant is not complying with the terms of the lease agreement. The notice informs the tenant that they have seven days to come into compliance, or the tenancy will be terminated. If the violation is not fixed within seven days, the landlord can file an eviction lawsuit.
7-Day Unconditional Quit Notice:
This notice can be used if the tenant is causing unreasonable disturbances, destroying the rental property, or repeating the same violation within one year. This notice does not give the tenant time to cure the violation and permits the landlord to terminate the tenancy at the end of seven days.
15-Day Notice:
This notice is used for month-to-month tenancies in Florida and must be served fifteen days before the rent is due. In Miami Beach, a 30-day notice is required for oral month-to-month agreements. This notice can also be used if the lease does not contain a lease duration.
5. Serve the Florida Eviction Notice
To initiate the eviction process in Florida, it's important to serve the tenant with a notice of termination with cause. There are different types of notices depending on the reason for the termination, such as the 3-day Notice to pay or Quit, the 7-Day Notice, the 7-Day Unconditional Quit Notice, and the 15-Day Notice.
Once you have chosen the appropriate notice, you need to serve it to the tenant. In Florida, you can serve the notice in several ways, such as personally handing it to the tenant, posting it on the door, or sending it by certified mail. It's important to keep a record of the service, such as a receipt or an affidavit, to present as evidence in court.
The person serving the notice must indicate the manner of service and make sure to follow the instructions provided in the lease agreement, if any.
6. Create an eviction complaint
If the tenant fails to comply with the notice of termination with cause or hasn't paid the rent due, you can proceed with filing an eviction complaint in Florida. The eviction complaint is a legal document that outlines the reasons for eviction and provides evidence of the violation of the lease agreement or non-payment of rent.
It's important to ensure that the eviction complaint is drafted correctly and includes all relevant information, such as the name and address of the tenant, the amount of rent due, and the specific violations of the lease agreement. The complaint must also comply with Florida eviction laws and court rules.
The notice period for the eviction complaint begins on the first full day following the delivery of the notice to the tenant. Weekends and holidays are exempt from the notice period calculation.
7. File complaint to start eviction process
Once you have determined that there is cause for eviction and have followed the necessary steps, it's time to officially initiate the eviction process by filing a complaint with the court. You'll need to file your complaint with the county clerk's office in the county where the rental property is located. The filing fee varies by county, but in most cases, it's around $185.
Your eviction packet should include a pre-stamped envelope addressed to all tenants or occupants, five copies of the lease agreement and notice provided to the tenant, and a completed eviction complaint. It's important to make sure that you have all the necessary documents and that they are correctly filled out before filing your complaint.
Once your complaint has been filed, the court will provide you with a date for the eviction hearing. At the hearing, the judge will hear both sides of the case and make a decision. It's important to be prepared for the hearing by bringing all relevant documents, such as the lease agreement and notice of eviction, with you.
8. Florida Eviction Summons and Complaint
This notice must be filed and served by the landlord if the tenant has failed to comply with the eviction notice or has not vacated the property. The notice and the certificate of service must be notarized by the court clerk. It's possible to have the notice served by a county sheriff or a process server.
After being served with the notice, tenants have a 5-day window to answer the eviction summons. If an answer is filed, the landlord will need to contact the court to schedule a hearing. If no answer is filed, the landlord must file a Motion for a Default Judgment.
9. Defenses against Tenant Eviction
When it comes to evicting tenants, they may choose to resist the process, which can prolong the legal proceedings. Throughout this time, tenants must deposit their rent with the court, and failure to do so can lead to a default judgment being issued against them. Florida law includes provisions that protect tenants in residential dwellings, and these defenses apply regardless of the lease term. Tenants can utilize various defenses when faced with an eviction lawsuit, such as the "waiver" defense, which argues that the landlord has waived their right to evict if they accept rent, but repeated actions by the tenant may void this defense.
Other defenses include the landlord's failure to maintain the property according to housing regulations, "defense of material noncompliance," and inability to pay rent due to financial hardship. Landlords must provide proper eviction notices, including all statutorily required information in writing. Retaliatory conduct, discriminatory behavior, and self-help tactics by landlords are also illegal, and tenants can use several other defenses to fight eviction in Florida.
If a tenant serves a seven-day written notice stating their intent not to pay rent, the landlord cannot evict them under the defense of material noncompliance or constructive eviction.
10. Evicting the Renter
In case the renter failed to appear in court after answering the summons, file a motion for default to the court. Another option is to attend the court hearing with all the notice receipts. If the judge rules in your favor, the court will issue a Writ of Possession which you must pay for. The sheriff will then have 24 hours to evict the renter after serving or conspicuously posting the Writ on the property.
According to Florida eviction laws, you must provide written notification to the renter if they leave any personal property in the rental unit. The law requires that you give the tenant at least 10 days (if personally delivered) or 15 days (if mailed) to claim the property. Reasonable storage costs can be charged to the tenant. If the renter fails to claim the property within the stipulated time, you have the freedom to dispose of it in any way you deem fit.
Conclusion
Thank you for reading! We hope this article was helpful in answering the question Florida eviction process.
In conclusion, navigating the process of eviction can be a complicated and challenging task for both landlords and tenants. It is crucial to follow the specific rules and regulations set forth by the Florida eviction laws. If you are unfamiliar with these laws, it is highly recommended that you seek the assistance of an experienced attorney or a reliable Florida property management company to guide you through the process. Failure to follow the appropriate procedures can result in legal consequences and additional expenses. Protect your rights and interests by ensuring that you have a clear understanding of the eviction process and the laws that govern it.
Disclaimer: The information provided in this piece is intended for educational purposes only. It is not legal advice and should not be construed as such. If you require legal assistance with an eviction matter, please consult a licensed legal professional or property management company.
