Evict a Tenant in Florida

Sometimes it is necessary for a landlord to exercise the right of eviction, which is a legal order requiring that a tenant vacate leased premises within a specific period of time. Florida landlords can learn how to evict a tenant in Florida without the assistance of an attorney, in order to save the time and money associated with having legal representation in eviction court. If you follow Chapter 83 of the Florida Statutes, you can evict a residential tenant for non-payment of rent, and for violation of the law or lease agreement terms.

Steps

Determining Whether to Proceed With the Eviction Process

1. Determine whether eviction grounds exist. You can evict a tenant if the proper grounds for eviction exist. The most common ground for eviction is typically the nonpayment of rent due. Other grounds for eviction relate to any violation of the lease agreement, as well as violations of local, state or federal laws by the tenant while on the premises of the leased property.
   • Some of the most common lease agreement violations include:
     • Having additional occupants who are not named in the rental agreement living at the leased premises.
     • Having pets when there is a no-pets policy.
     • Selling drugs on the lease premises, as well as any other tenant action that creates an uninhabitable living environment for others.
   • If you live in a private home with no written lease agreement stating grounds for eviction, you can be evicted for any reason at all so long as it is not discrimination based on sex, race, creed, color, national origin, age, handicap, marital status, HIV status, or children.
   • If you live in public housing, for example Section 8 housing, the grounds for eviction are extremely narrow.
2. Make sure that you have not violated any of the lease terms. Once your eviction case is before the court, the tenant will have the opportunity to present evidence and testimony. Your eviction case could fail if the tenant proves that you as the landlord have also violated the lease agreement, and/or the tenant’s acts underlying the eviction were conducted in order to mitigate your lease violations. Make sure that the court has no reason to reject your eviction case, and ensure that you:
   • Review the lease agreement in order to determine and understand what is required of you under the lease.
   • Conduct all feasible and necessary repairs in order to maintain a habitable living space.
   • Comply with all relevant building, safety, health and housing codes.
   • Maintain common areas in a safe and sanitary manner.
   • Follow the applicable Florida state and local eviction procedures.
3. Send the tenant a warning letter. Before officially starting the eviction process, you should first attempt to handle the issue without the use of the court system. There is no reason to waste the time and energy associated with filing an eviction complaint if the issue underlying the eviction is just a misunderstanding that could be solved with an open and honest conversation. Write the tenant a letter reminding him or her of the lease conditions, and that you have the right to file an eviction complaint if the relevant lease violations are not remedied.
   • Send the letter certified mail in order to have documentation that you attempted to handle the eviction issue. This documentation can later be submitted as evidence in support of your eviction complaint.

Filing an Eviction Complaint

1. Deliver a notice of eviction to the tenant. The eviction process begins with the provision of proper notice to the tenant that demands that the tenant vacate the leased premises within a specific period of time. Click here to access the different notice of eviction forms that have been approved by the Florida Supreme Court. The different types of notice required includes:
   • 3-day notices are for nonpayment of rent. The amount due on the face of the 3-day notice cannot be greater than the total amount of past due rent. You must accept rent if submitted before the end of the 3-day notice period, and once accepted you can no longer pursue eviction.
   • 7-day curative or non-curative notice is provided for evictions related to lease or law violations.
   • 15-day prior notice is required for the termination of a month-to-month tenancy.
   • Miami Beach has a special law requiring a 30-day notice if you have an oral month to month agreement or if the lease is written but does not contain a lease duration.
2. Serve the notice to the tenant. Some lease terms contain instructions for the service of notice and other processes to the tenant. If the lease is silent, you can serve notice by handing a copy of the notice to an adult occupant of the leased premises. The notice can also be securely posted to the door of the premises. Service of notice via mail is also possible, and you should make sure to send the mail certified in order to have documentation of receipt that can be presented to the court.
3. Create an eviction complaint. Notice begins to toll on the first full day following delivery of notice, and expires at midnight on the last number of days given for notice, excluding weekends and holidays. If the tenant has not paid rent during the notice period, or has not remedied the lease violation underlying the eviction, you can proceed with filing an eviction complaint.
4. File your eviction packet with the county clerk’s office. A completed eviction packet will contain your completed eviction complaint, five copies of the lease agreement and notice provided to the tenant, as well as a pre-stamped envelope that is addressed to all occupants/tenants. Have the complaint notarized and file it at the clerk's office, or swear to it in front of a clerk and pay the relevant complaint filing fee.
   • In most counties the filing fee is $185.
5. Provide a service of summons to the tenant. After filing your eviction complaint and paying the filing fees, you will be provided with a service of summons that must be provided to the tenant along with a copy of the eviction packet. Service can be conducted by a private process server or by a county sheriff, who will confirm in writing that the notice, was delivered.
   • Tenants have 5 days to answer an eviction summons. If the tenant answers and pays the rent, the landlord must contact the court to schedule a hearing.
   • File a motion with the clerk seeking a default judgment if the tenant fails to answer the summons.
6. Go to court on your hearing date. Attend court on the hearing date and make sure to take all notice receipts with you. Go to your courtroom and answer all questions presented by the judge, and then wait for the court to enter a judgment. If the judge sides with you, the court will order the sheriff to evict the tenant in 24 hours. The sheriff will serve what is called a writ of possession, which the landlord must pay for, ordering the tenant to vacate the property.
   • Alternatively, file a motion for default with the court if the tenant answered the summons, but failed to show up at the court hearing.

Tips

• Leases for people who receive Section 8 housing assistance are regulated by federal law, and Section 8 landlords must follow all relevant Florida eviction laws. Section 8 leases may be terminated only for failure to pay rent or for repeated violations of the lease or violations of the law in relation to the property. The landlord may also attempt to evict for disturbing neighbors or destruction of property.
• Attempts to evict a Florida tenant for bad housekeeping must be justified. Get a photo and video evidence as support of your claims that can be presented in eviction court.

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Sources and Citations

See also

• Check a Background for a Tenant
• Evict a Tenant in Texas
• Turn Your Home or Condo Into a Vacation Rental
• Evict a Residential Tenant in Ohio
• Be Aware of Hidden Costs for a First Time Renter
• Find a House to Rent That Allows Pets
• Be a Good Apartment Neighbor
• Prorate Rent
• Rent a Room in Your House
• Rent an Apartment

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