A landlord must sometimes remove tenants. Florida evictions can be for different causes. Chapter 83 of the Florida Statutes might aid in evictions. Florida law specifies eviction procedures. Situation-specific notifications vary. Florida eviction steps are below. It outlines the regulations landlords must follow when evicting or terminating a tenancy.
- Decide Whether To Evict In Florida
Evicting a tenant requires a reason. You must find a cause. In Florida, these infractions can lead to eviction:
- Lease violations
- Rent nonpayment
- Local, state, and federal law violations
- An annoyance
- Check For Florida Lease Violations
If an eviction hearing occurs, the tenant will be heard. Make sure you haven’t broken any lease restrictions. Always:
- Follow Florida construction, housing, safety, and health codes
- Follow Florida’s eviction rules
- Maintain livable common areas
- Complete all repairs
- Evict The Renter
If eviction is necessary, remind the tenant of the lease conditions in a letter. Tell them you can evict them if they break the lease. Send the letter by certified mail. You can use it to support your eviction complaint.
- Caused-Termination Notice
You can evict a renter for a variety of reasons, as mentioned. To evict a renter, give them written notice. Florida eviction notifications vary by reason. The correct notice is crucial. The court may dismiss the matter otherwise. Notices include:
- 3-Day Pay-Or-Quit Notice
If the rent is late, serve this 3-day notice. Effective notifications must be specific. When counting the 3-day notice period, don’t include the first day of service, weekends, or holidays. The landlord can launch an eviction case after 3 days.
- 7-Day Notice
If the renter isn’t following the lease, use this notification. The notice gives the tenant seven days to comply or the tenancy will end. If the infraction isn’t corrected after 7 days, you can sue for eviction under Florida law.
- 7-Day Quit Notice
This seven-day notice lets you discontinue the tenancy. The Florida 7 day notice to quit doesn’t allow the renter opportunity to fix a problem. In Florida, this notice can be filed if the renter creates excessive disruptions, destroys the rented property, or repeats the same infraction within a year.
- 15-Day Notice
Florida month-to-month rentals receive this notification. 15 days before the rent is due. Miami Beach requires a 30-day notice for oral month-to-month agreements. Use this notification if the landlord-tenant lease has no duration.
- Serve Florida’s Eviction Notice
In Florida, eviction notices can be served several ways. Some lease conditions include instructions. Personal delivery is most prevalent. You may also post or mail it. Send by certified mail to ensure receipt. The receipt is court admissible. Notice service must be indicated.
- Complain About Eviction
Florida eviction rules enable you to make a complaint if the renter hasn’t rectified the issues or paid the rent. On the first full day after delivery, eviction complaint notice begins to toll. Except for holidays and weekdays.
- File Eviction Paperwork With The Florida County Clerk.
Most counties charge $185. An eviction package includes;
- Pre-stamped envelope for all tenants/occupants
- The tenant receives five copies of the lease and a notice
- Eviction petition
- Florida Eviction Complaint
Eviction Summons and complaints must be filed and served. This happens if the renter doesn’t depart. Notarize the notice and certificate of service. A sheriff or process server can serve papers. The eviction summons has a 5-day response time. If a response is filed, the landlord must arrange a hearing. The landlord must file a Motion for Default Judgement if no answer is submitted.
