Procedures for Residential Tenant Eviction in Florida
A Florida landlord must follow the legal eviction process when removing a tenant from a rental property. The landlord and tenant laws are in place to prevent wrongful evictions such as those for retaliation. A property owner must not change the locks on a residence or turn off utilities in an effort to force a renter from the home.
Reasons for Eviction
Landlords may begin the eviction process in Florida if tenants fail to pay rent or do not comply with the lease agreement. A tenancy without an end date or term may be ended when the landlord or tenant chooses as long as proper notice is provided.
Notice
A notice is the first step in the eviction process in Florida. Property owners may not file with the court until after delivering a notice to the tenant. For failure to pay rent, the state of Florida requires the landlord to provide a three-day notice to pay or vacate the property. When tenants fail to comply with the lease agreement, the landlord must provide a seven-day notice to correct the noncompliance or vacate the residence. Property owners ending a tenancy without an end date or term must give a notice that corresponds to the rental payment. For example, tenants who pay rent weekly must be given a seven-day notice and those who pay monthly must be given a 15-day notice.
Summons and Complaint
The next step in the eviction process is the summons and complaint filing with the court. When tenants fail to comply with the notice, Florida landlords must file a complaint with the court. The court will schedule a hearing date, which provides the tenant with an opportunity to state his case in court. The Florida court will determine possession of the property after hearing a case from both parties.
Writ of Possession
After the court makes a final judgment, the landlord must file for a writ of possession. The court will issue the writ of possession, which a sheriff must serve. A sheriff will post a 24-hour notice on the property, which provides the tenant with an opportunity to remove her belongings and vacate the property.
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