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A Guide to the Eviction Process in Florida

A Guide to the Eviction Process in Florida
By PG Group - Thursday, December 15, 2022
A lease is a contractually binding legal agreement. It binds a tenant to certain lease terms over a period of time. If a tenant doesn’t honor those terms, they would be in violation of the agreement and the landlord can pursue an eviction.  The Florida eviction process can take between 2 to 3 weeks from start to finish. The process can also take longer depending on the reason for the eviction and whether a tenant contests.  Please note that the only way to evict a tenant from their rented premises is through a court order. After obtaining one, it’s only a sheriff that can physically remove a tenant from the property.  What’s more, “self-help” evictions, such as shutting off utilities or changing the locks are illegal. Retaliatory evictions are also against the law.   As a landlord, it’s important to understand the proper eviction process in order to avoid any potential legal hiccups and respect the landlord tenant laws in Florida as well as the Florida Fair Housing Act. The following is the eviction process in Florida. 

Eviction Process in Florida 

You must have a legal ground to start the eviction in Florida against a tenant. Examples of legal grounds include nonpayment of rent, overstaying a lease, and violating a lease term.  a landlord arguing with a tenant about eviction Next, you must serve the tenant the proper notice depending on the ground for eviction. 

Serving an Eviction Notice to the Tenant

For tenants that fail to pay rent on time, you must serve them a 3-Day Notice to Pay Rent or Quit. The notice will give the tenant 3 days (excluding weekends or holidays) to either pay the overdue rent or vacate their rental premises.  For tenants without a lease or on a month-to-month lease, you must serve them a 15-Day Notice to Quit to terminate their tenancy. This will give the tenant 15 calendar days to vacate on their own or else risk getting evicted.  If a tenant isn’t on a month-to-month notice, you must serve them other notices. That is, 7 days for a week-to-week lease; 30 days for a quarter-to-quarter tenant; and a 60 days notice for a year-to-year lease.  For a tenant who commits a lease violation, you must serve them either a curable or incurable eviction notice.  If a tenant commits a minor violation, you must serve them a 7-Day Notice to Cure or Vacate. Examples of curable violations include keeping an unauthorized pet and parking in an unauthorized area. The eviction notice will give the tenant up to 7 days to remedy the violation or move out.  an orange cat sitting in a box If a tenant commits a serious lease violation, you must serve them a 7-Day Unconditional Quit Notice. Examples of incurable violations include excessive property damage and illegal activity. The notice gives a tenant a maximum of 7 days to move out. They don’t get a chance to cure the issue and stay in the unit.  You must serve an eviction notice to a tenant via any of the following ways for the eviction to be successful. 
  • Hand delivering it to the tenant. 
  • Mailing a copy to the tenant via certified mail, regular mail, or registered mail. 
  • Leaving a copy of the notice in a conspicuous area on the property. 

Moving to the Case to Court

If the tenant doesn’t move out within the time stipulated on the FL eviction notice, you can move to court and file a lawsuit. You must do so in the appropriate county where your property is located.  Alternatively, you can simply file a lawsuit using the Florida Courts’ e-Filing Portal.  The complaint you file in court must contain certain crucial information. Including, both of your names, the address of the property, the ground for the eviction, and when you served the notice.  After successful notarization by the county clerk, a summons and complaint will be issued. It’ll then be the responsibility of a process server to deliver the notice to the said tenant. 

Serving the Summons and Complaint 

Once served with a summons and complaint, the tenant will have a chance to respond. Their response, if any, must be in writing and filed with the court’s clerk within 5 days.  a judge signing papers behind a gavel To contest a Florida eviction, a tenant must have a legal defense as to why they shouldn’t be evicted. Valid legal defenses include the following. 
  • The landlord used “self-help” eviction proceedings against the tenant. 
  • The eviction was a retaliatory action against the tenant for exercising a legal right. 
  • The eviction was discriminatory based on the tenant’s protected classes. 
  • The tenant fixed the violation within the required time (for curable violations). 
  • The tenant didn’t violate the lease as alleged by the landlord. 
  • The eviction notice contained substantial errors. 
However, if the tenant doesn’t contest their eviction, the process will continue as follows. 

The Hearing and Judgement 

In the absence of a contest, you can move forward and file a default motion judgment. This will enable you to obtain a Judgment for Possession, giving you back possession of your Florida home.  Regardless, though, whether you win through a default judgment or through a successful hearing outcome, the court will issue you with a Writ of Possession.  The Writ of Possession will authorize a sheriff to forcefully evict a tenant from the unit should they fail to move out on their own. Once issued to the tenant, the writ gives a tenant a maximum of 24 hours to vacate the unit.  Upon eviction if it is due to them, according to the security deposit laws in Florida you must return the security deposit to the tenant. 

Bottom Line

As a landlord, you have a right to evict your tenant for violating a term of the lease agreement. Similarly, your tenant has a right to a proper eviction process. Mistakes can prove to be costly should you fail to follow the correct procedure when removing the tenant. For expert help, get in touch with PG Management Group. We’re a trustworthy and experienced property management company in Broward County. We understand the laws of eviction in Florida, and can help you with the process.  Since we are a  full-service property management company, we can help you in all aspects of property management. From marketing your property, to screening tenants, to rent collecting, to keeping you legally compliant. Get in touch to learn more! This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.

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