Key Takeaways
- For nonpayment, Florida landlords must give the proper written notice before starting an eviction lawsuit, and the three day notice excludes Saturdays, Sundays, and legal holidays from the three day calculation.
- The reason for removal matters because a lease violation may call for a seven day notice, while nonpayment generally requires a different statutory notice tied to the tenant’s obligation to pay rent.
- If a case reaches court, owners should be prepared for court registry requirements and understand that a final judgement can lead to a writ of possession enforced by the sheriff.
Learn the ins and outs of the Florida eviction process, understand your rights as a landlord, and navigate tenant issues effectively.
A Guide to the Eviction Process in Florida
Much like everywhere else in the country, evicting a tenant in Florida requires landlords to follow a very specific legal process under the Florida Landlord-Tenant Law. But regardless of what violation your tenant may have committed, you must never take matters into your own hands by doing the following:
Throwing out your tenant’s belongings.
Locking them out from the unit.
Shutting down the utilities they are using.
Breaching the Fair Housing Act
These are called ‘self-help’ eviction tactics and are illegal in the state of Florida. If you were to take any of these actions, it may leave you legally vulnerable or impact any eviction proceedings.
If you came here looking to know the process of evicting a tenant in Florida, you’ve reached the right place. At Keyrenter South Florida, we believe it’s incredibly important for Florida landlords to have a basic understanding of the eviction process.
Legal Justifications to Evict a Tenant
You cannot evict your Florida tenant for whatever reason. For a court to support your eviction request, the reason must be legally justified. Here are the common legal reasons for evicting a tenant in Florida:
Nonpayment of rent
Violating the lease agreement
Failure to move after the lease expires
Foreclosure of rental property
Terminating the Lease
The purpose of the eviction notice is to terminate the lease agreement. It notifies a tenant of their violation and what they can do to resolve it within a certain timeframe. However, if they choose to ignore it, you can proceed to court and file a summons and complaint. Be advised that terminating any lease may mean making adjustments to your security deposit.
But different eviction notices serve different purposes. They are as follows:
3-Day Notice to Pay Rent or Quit
This notice is served when a tenant fails to pay their rent. The notice gives the tenant a maximum of 3 days to either pay the overdue rent or move out. The 3 days are exclusive of holidays and weekends.
7-Day Notice to Cure or Vacate
Florida laws allow landlords to evict tenants who fail to abide by the terms of the lease. For example, illegally subletting the unit, keeping an unauthorized pet, or causing illegal property alterations. Such violations are referred to as ‘curable’ and this notice gives the tenant a maximum of 7 days to fix the issue or else they move out.
7-Day Unconditional Quit Notice
This type of notice is meant for more serious violations or repeat violators. It doesn’t give the tenant an opportunity to remedy their violation. The only option they have is to move out within the 7-day period.
Examples of violations that fall under this category are excessive property damage and illegal activities.
30-Day Notice to Quit
You must serve this type of notice to a tenant if your property is being foreclosed upon and the new owner has no intention of continuing the tenancy. The notice gives the tenant a maximum of 30 calendar days to leave the rented premises.
File a Complaint with the Court
If your tenant fails to complete the notice requirements, the next step is to move to an applicable Florida court. Generally speaking, filing a complaint can cost you about $185. You may also need to pay an extra $10 for every tenant in order to obtain a summons for each.
The complaint must include some important information, such as the name of the landlord and tenant, the property’s address, and the county in which the property is located. After notarization by the county clerk, the summons and complaint must be served to the tenant by a process server.
Defending an Eviction
After the tenant is served, they may choose to contest their eviction by responding to the complaint. The resulting effect is that the eviction may take much longer and incorporate additional steps.
Common defenses that a tenant in Florida can use to fight their eviction include the following:
Incorrect or incomplete eviction process.
The eviction is based on discrimination or a breach of the Fair Housing Act.
You tried to evict the tenant as a retaliatory tactic. For example, you initiated the process soon after the tenant reported you to a local government agency for failing to meet the minimum health codes.
You tried to evict the tenant through self-help means, for example, by trying to lock the tenant out of their rented premises.
However, if the tenant doesn’t choose to fight the eviction, the eviction process will move on to the next step.
Attending the Court Hearing
If the tenant puts up a fight, then there will most likely be a court hearing. The court may require that the tenant pay the outstanding rent until a judgment is made.
If the tenant decides not to show up for the hearing, however, the court will automatically rule in your favor. To ready yourself for the hearing, you’ll want to have the following documents with you.
A copy of the lease agreement.
A copy of the eviction notice.
Any supporting evidence, such as billing statements and photos of the damage
Writ of Possession
If the court’s judgment is in your favor, they will issue you with a writ of possession. Depending on how available a judge is, it usually takes around 5 days for them to issue a writ of possession.
The writ of possession is the tenant’s final notice to leave. They can use the notice period to remove all their possessions from the unit. If they don’t, the sheriff can use the writ to forcefully kick them out.
Bottom Line
KeyRenter South Florida helps property owners reduce stress by simplifying the complexities that come with residential property management. So, if you need assistance managing an eviction or any other aspect of property management, contact us today!
Disclaimer: This content isn’t a substitute for expert advice from a qualified attorney. Also, laws change, and this information may not be updated at the time you read it. For expert advice in this regard or any aspect of property management, KeyRenter South Florida can help.
Frequently Asked Questions
What should I review before starting an eviction for unpaid rent?
Start with the lease or rental agreement, the payment ledger, and any communications showing what is owed. Before filing an eviction complaint for nonpayment, confirm that the three day notice states the correct amount and was delivered in a manner Florida law permits. If the renter does not pay rent or surrender possession within the required period, the landlord may then consider filing the eviction lawsuit. Owners should keep copies of the written notice and proof of delivery in case the filing is challenged.
What happens if the renter contests the case?
A contested eviction lawsuit can require additional filings or a hearing, so accurate records become especially important. In many possession cases, a renter who raises a defense other than payment must deposit accrued and ongoing rent into the court registry or file a motion asking the court to determine the amount. If the renter does not meet that requirement within the statutory timeframe, excluding Saturdays, Sundays, and legal holidays, the landlord may be entitled to seek a default result. Owners should avoid assuming that a final judgement is automatic and should follow the court’s instructions closely.
Can I accept money after serving notice for nonpayment?
Potentially, but landlords should understand how acceptance may affect the case before taking payment. Florida law provides that accepting rent with actual knowledge of certain tenant noncompliance can waive the right to terminate the rental agreement for that particular noncompliance, although later or continuing violations may be treated differently. If the renter offers to pay rent after notice has been served or after court proceedings have started, consider getting legal guidance before accepting or rejecting the payment.
How should I handle a lease violation that can be corrected?
For certain curable violations, Florida law generally gives the renter seven days to correct the problem after receiving written notice. Compare the alleged violation with the lease or rental agreement and document the issue with photos, messages, inspection notes, or other records when appropriate. If the problem is corrected within the allowed time, moving directly toward removal may not be appropriate. If it continues or recurs, review the lease terms and current Florida requirements before deciding on the next step.
What happens after I win possession in court?
After a final judgement for possession, the clerk issues a writ of possession to the sheriff, who posts a 24 hour notice at the property before restoring possession to the landlord. Saturdays, Sundays, and holidays do not pause that 24 hour period. Landlords should not change locks, remove occupants, or use other self help methods before the sheriff carries out the court process.
Can professional management reduce the chances of future eviction problems?
It can help reduce risk by creating more consistent screening, rent collection, lease administration, documentation, and follow up. Keyrenter South Florida provides tenant screening, rent collection, walk throughs, maintenance coordination, and financial reporting for owners across its service area. Clear procedures can make it easier to address problems early, encourage residents to pay rent on time, and maintain stronger records if a dispute eventually requires court involvement.