Learn how to navigate Florida’s eviction process step-by-step as a landlord
As a property owner, handling evictions can seem daunting. They involve a structured legal process that landlords must navigate carefully to protect rights and ensure a fair outcome for all parties involved. From initiating the eviction notice to appearing in court, it takes about 15 days on average and requires adherence to specific procedures outlined by Florida law.
Continue reading to learn about warranted reasons for eviction, the three types of eviction notices, and a general guide to the entire eviction process.
Reasons for eviction
There must be a justified cause to begin the process of eviction. It’s essential to have legal grounds for eviction to avoid potential lawsuits by tenants. There are a variety of justified reasons to evict a tenant, but here are some of the most common that you, as a landlord, should be prepared for.
#1: Failure to pay rent
This is a prevalent reason for eviction. When tenants consistently fail to pay their rent on time or in full, landlords may initiate the eviction process.
#2: Lease violation
If a tenant breaches any terms outlined in the lease agreement, such as unauthorized subletting, excessive noise, or illegal activities, it could be a lease violation.
#3: Property damage
Significant damage caused by the tenant to the rental property beyond normal wear and tear may warrant eviction. For example, knocked-down walls or other unauthorized demolition can be grounds for eviction.
#4: End of lease agreement
When a lease term expires, and the tenant does not renew or vacate the property as agreed, landlords may initiate eviction proceedings to regain possession legally.
#5: Safety violations
Instances where tenants engage in behaviors or activities that jeopardize the health and safety of others on the property, such as hoarding, drug use, or weapon possession, may lead to immediate eviction for the safety and well-being of all parties involved.
Related resource:
Navigating Florida’s Landlord-Tenant Laws
Types of eviction notices
If you have legal grounds to begin the eviction process, the first step is to deliver a written notice. There are three types of notices that are determined by the cause for termination.
#1: Three-day notice to pay rent or quit
If a tenant is three days late to pay rent, this notice informs the tenant they have three days (excluding weekends and holidays) to either pay the overdue rent or vacate the premises. If the tenant fails to comply, the landlord can proceed with eviction proceedings. Per Florida Statutes, write the notice as follows:
You are hereby notified that you are indebted to me in the sum of ____ dollars for the rent and use of the premises [address of property], Florida, now occupied by you and that I demand payment of the rent or possession of the premises within three days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice to wit: on or before the [date] day of [month], [year]. (Fla. Stat. § 83.56(3) [2024.]
#2: Seven-day notice to cure
This type of notice is typically issued to a tenant in Florida who has violated lease terms other than non-payment of rent. It notifies the tenant of specific lease violations, such as unauthorized pets or noise disturbances, and provides them seven days to correct the issue or face potential eviction proceedings. This notice aims to allow tenants to remedy the problem before legal action is pursued. Per Florida Statutes, write the notice as follows:
You are hereby notified that [cite the noncompliance]. Demand is hereby made that you remedy the noncompliance within seven days of receipt of this notice, or your lease shall be deemed terminated, and you shall vacate the premises upon such termination if this same conduct or conduct of a similar nature is repeated within 12 months. In that case, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.” (Fla. Stat. § 83.56(2)(b) [2024.]
#3: Seven-day unconditional quit notice
When a tenant commits a more severe lease violation, you may serve an unconditional quit notice. Unlike other notices, this one does not provide an option to remedy the issue. Instead, it demands that the tenant vacate the rental property within seven days. Per Florida Statutes, write the notice as follows:
You are advised that your lease is terminated effective immediately. You shall have seven days from the delivery of this letter to vacate the premises. This action is taken because [cite the noncompliance]. (Fla. Stat. § 83.56(2)(a) [2024.]
Florida’s eviction process simplified
The eviction process can seem daunting, but following this guide can help you manage the procedure and follow legal requirements.
#1: Deliver eviction notice
Once you find the legal grounds for eviction, deliver one of the three kinds of eviction notices. The notice can be delivered in several ways:
- Handing the notice directly to the tenant
- Place a copy on the front door of the property
- Leave a copy with someone of legal age
- Mail a copy with a return address
#2: File eviction lawsuit
After the completion of the notice period, if the tenant has not complied and is still on your property, file the lawsuit at your county court. Processing takes 2-3 days on average. Include the following:
- Your name and the tenant’s name
- Reason for eviction
- Property address
- Type of notice you issued
#3: Tenants are served with a 5-day summons
Once the lawsuit is filed, the tenant has up to five days to deliver a written response back to the court. The tenant may provide reasons why they should not be evicted, and if the court finds these acceptable, the case will be dismissed. Otherwise, the case progresses to a court hearing.
#4: Attend the court hearing
At the court hearing, all relevant documents are presented, and the judge decides a ruling. When showing up to your scheduled date, ensure that you bring all necessary documents, including:
- Copy of rental agreement
- Eviction notices
- Any evidence of you filing complaints of damage, such as photos, service receipts, etc.
#5: Receive a writ of possession
If the judge rules in your favor, you will receive a writ of possession, which means the tenant has 24 hours to vacate the property. If they refuse to do so, the authorities will become involved.
#6: Reclaim the property
After 24 hours, the property is returned to you by the authorities.
How do you handle leftover belongings?
In some cases, tenants may leave items behind at the vacated property. In such case, you have to deliver a notice in writing to the tenant, which will include the following, per Florida Statutes:
- Description of the property
- Where the tenant can claim the property
- A deadline, which must be at least ten days if the notice is hand-delivered, or 15 if it was delivered through mail
- Add a note if you choose to charge for storage of their property
Evicting a tenant is not enjoyable, but it doesn’t have to be overly complicated. As a rental property owner, knowing your rights and legal procedures can help ensure that you have a smooth and efficient experience with your rentals. We recommend contacting a legal team for more information and questions regarding eviction lawsuits.
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Disclaimer: The content presented in this post is not intended to serve as legal advice. All information provided here is for general informational purposes only. Please seek professional legal counsel for specific guidance regarding laws and regulations.
Sources
1: The 2023 Florida Statutes | Online Sunshine
2: The Eviction Process in Florida | Nolo