As a landlord in Florida, understanding how to handle the eviction process legally is essential for protecting your property and minimizing disruptions to your rental business. Whether your tenant is failing to pay rent, violating lease terms, or refusing to leave after the lease expires, evictions can be a complex and emotionally charged process. Florida law provides landlords with a clear set of legal guidelines, but following these laws to the letter is crucial to avoid costly delays or legal challenges. A well-handled eviction ensures that your property is returned to you promptly and lawfully, but any misstep could result in the tenant remaining in place or even a lawsuit.
The Legal Grounds for Eviction in Florida
In Florida, landlords cannot evict a tenant without a legal reason. The most common grounds for eviction are nonpayment of rent, lease violations, or holding over (when a tenant remains after the lease expires). It’s important to have clear lease agreements that outline these potential grounds, so there’s no ambiguity when an issue arises. For instance, if a tenant violates the lease by subletting without permission or causing damage to the property, this could form the basis for an eviction, as long as the lease clearly prohibits these actions.
Before taking any legal action, it’s essential to review the Florida Landlord-Tenant Act, which outlines both parties’ rights. If you proceed without valid grounds, you risk having your case dismissed or, worse, facing legal action from your tenant. Always ensure you have legal justification before moving forward with an eviction.
Serving an Eviction Notice: The First Step
The eviction process begins with serving the tenant a written notice. Depending on the grounds for eviction, you’ll need to serve one of the following types of notices:
- 3-Day Notice for nonpayment of rent. This notice gives the tenant three days (excluding weekends and legal holidays) to pay the overdue rent or vacate the property.
- 7-Day Notice to Cure for lease violations. This notice gives the tenant seven days to correct the issue or face eviction.
- 7-Day Unconditional Quit Notice if the violation is so severe that it cannot be cured (such as illegal activity on the premises).
It’s important to serve these notices properly, either in person, by mail, or by leaving them in a conspicuous place if the tenant is not home. Failing to serve notice correctly can delay the process and give the tenant more time in your property.
Filing an Eviction Lawsuit (Unlawful Detainer)
If the tenant does not comply with the notice, the next step is to file an unlawful detainer lawsuit in the county court where your property is located. This is the formal legal action that seeks to remove the tenant from the property. When you file, you will need to include a copy of the lease agreement, the eviction notice, and any evidence that supports your claim (such as proof of unpaid rent or photos of lease violations).
The tenant will be served with a summons and has five business days to respond. If they fail to respond, you can request a default judgment, which speeds up the process. If the tenant responds and disputes the eviction, the case will go to trial, where both parties will present evidence. Having thorough documentation of the lease terms, rent payments, and any violations will be key in proving your case.
Getting a Writ of Possession
Once the court rules in your favor, you will receive a writ of possession, which is the legal document that allows law enforcement to remove the tenant from your property. The local sheriff’s office will deliver this writ to the tenant, giving them 24 hours to vacate. If the tenant still refuses to leave, the sheriff will forcibly remove them, allowing you to regain possession of your property.
It’s important to remember that only law enforcement can physically remove a tenant. Attempting to evict a tenant yourself through lockouts, shutting off utilities, or removing their belongings is illegal in Florida and can result in legal action against you. Stick to the legal process to avoid any claims of wrongful eviction.
Understanding the Rights of Tenants in the Eviction Process
While the eviction process may seem straightforward, tenants in Florida have rights that must be respected throughout. For instance, tenants can dispute the eviction if they believe the landlord has not fulfilled their obligations under the lease, such as failing to make necessary repairs. Additionally, if the tenant pays the overdue rent within the 3-day notice period, the eviction cannot proceed for non-payment of rent.
Local ordinances may also protect tenants, especially in cases involving habitability issues. If the property owner fails to keep the property in livable condition, the tenant can dispute the eviction. As a landlord, it’s critical to ensure you are maintaining the property in compliance with the law and addressing any tenant complaints in a timely manner.
Avoiding Common Mistakes in the Eviction Process
One of the most common mistakes landlords make during the eviction process is failing to follow the proper legal procedures. For example, serving an incorrect notice or improperly filing paperwork with the court can lead to delays and even a dismissal of your case. Another mistake is attempting to force a tenant out before receiving a writ of possession, which is illegal and can lead to serious consequences.
To avoid these pitfalls, it’s essential to have a solid understanding of Florida’s eviction laws and to follow the process carefully. Working with an experienced attorney helps you handle your eviction properly and protect your rights as a landlord.
Why You Should Seek or Consult an Experienced Attorney
The eviction process in Florida is complex, and even a small mistake can result in delays or legal challenges that cost you time and money. Consulting with an experienced real estate attorney allows you to handle your eviction legally and efficiently, minimizing the risk of complications. At Constant Law, P.A., Marissa Constant uses her extensive experience to assist landlords with evictions and other legal matters, protecting their rights and properties. Whether you’re facing a difficult tenant or simply want to understand your rights and responsibilities as a landlord, Marissa Constant is here to help.
Contact us today to schedule a consultation and learn how Constant Law, P.A. can assist you in navigating the eviction process and safeguarding your rental business.
