How to legally evict a tenant

On Behalf of | Jun 21, 2024 | residential leasing | 0 comments

Everyone thinks that landlords have it easy, just collecting rent, but there are challenges. For instance, there may come a time when you need to evict a tenant. Common grounds include non-payment, non-compliance or criminal activity. Whatever the reason, eviction is a legal process with specific steps to follow in Florida.

Following the format is crucial

The eviction process in Florida involves these steps:

  1. Issue a notice: Deliver a written notice to the tenant that states the reason for eviction and the required action (pay rent, cure violation or vacate). The specific notice type depends on the reason for eviction.
  2. Wait to hear from the tenant: Allow the tenant the designated time to comply with the notice. For example, three days to pay rent, seven days to fix a lease violation or 15 days to vacate after the month-to-month lease ends.
  3. File a lawsuit: If the tenant does not comply, file a complaint with the county clerk’s office. Court fees will apply.
  4. Court hearing: The tenant will receive a summons to appear in court. Your case must demonstrate the reason for eviction and prove you served the proper notice.
  5. Judgment and writ of possession: The court will issues a judgment for possession if they rules in your favor. The sheriff will be authorized to remove the tenant through a writ of possession.

Eviction notices must be in the correct format and delivered properly. Errors can delay the process or even lead to the dismissal of your case. It is also essential to understand that tenants have certain rights, so eviction cannot be based on discriminatory reasons or retaliation for exercising their rights.

Evicting a tenant can be challenging

While the steps may seem simple, the process can be time-consuming and disruptive. Some tenants may hesitate, even outright refuse, to acknowledge the notice or vacate the property. When eviction becomes too complex, seeking guidance from an experienced real estate lawyer is advisable to increase the chances of a successful outcome.