Tenant Eviction In Florida: A Landlord’s Comprehensive Guide

Evicting a tenant is never easy. There are a lot of legal matters and procedures to follow. Understanding the lease agreement is crucial in eviction, as it outlines the terms and conditions that both parties must adhere to. In Florida, landlords must follow specific laws and rules to evict a tenant. This guide will show you a step-by-step approach to evicting a tenant in Florida so you can be informed and prepared for every step.

Evicting a Tenant in Florida

Evicting a tenant in Florida is governed by strict laws that protect both the landlord and the tenant. A rental agreement is crucial in legal proceedings, as it provides evidence in court hearings related to eviction processes. The Florida Residential Landlord and Tenant Act outlines the legal process for eviction, which landlords must follow to avoid legal trouble. Landlords must follow a legal eviction process if the tenant doesn’t pay rent, violates the lease, or causes disturbances.

Reasons for Evicting a Tenant in Florida

Landlords can evict tenants for many reasons. Some include:

Issues collecting rent payment

Timely rent collection is essential when leasing out your property. If a tenant consistently pays rent late or fails to pay, you can initiate the eviction process after issuing a formal notice for prompt payment.

Lease violations

If a tenant violates the lease agreement, one common reason for eviction is that you should send them a written warning and tell them the time to correct their actions. Landlords in Florida must give tenants a seven-day notice for lease violations. Tenants must seek legal assistance to include all necessary information and avoid errors. Any mistakes on the eviction notice could give the tenant grounds to challenge the eviction in court, causing delays in the process. Common lease violations are:

• Subletting their apartment unit
• Unauthorized pets or occupants
• Unreasonable disturbances
• Smoking on premises
• Using their unit to conduct unauthorized business

Damage to the rental property

Understanding the difference between normal wear and tear and property damage in your rental property is important. Normal wear and tear refers to the expected deterioration of the property due to normal use, such as minor scratches, loose hinges, or nail holes. The tenant is not responsible for this type of damage. Property damage involves more significant harm, such as major repairs or unauthorized alterations. In these situations, you may have the right to withhold funds from the security deposit or issue an eviction notice.

Lease agreement expires

Another common reason for eviction is if the lease period has ended or there’s no lease. In such situations, a landlord must issue a notice depending on the rent payment method.

Each has specific legal requirements and notice periods that landlords must follow before filing an eviction lawsuit. Tenant landlords must follow lawful procedures and obtain eviction orders from a court to remove a tenant, avoiding illegal self-help measures.

Reasons Why Landlords Cannot Evict Tenants in Florida

While Florida is often regarded as landlord-friendly, landlords must strictly follow Chapter 83 of the Florida Residential Landlord and Tenant Act. If the eviction process is unlawful, tenants can challenge it and present valid defenses. Here are several key reasons why a landlord might be prohibited from evicting a tenant in Florida:

Self-help eviction

Actions such as turning off services such as utilities or changing the locks to force a tenant to leave are illegal. Florida law requires landlords to follow the proper eviction process, which includes serving the appropriate written notice and obtaining a court order if necessary.

Errors in the eviction notice

If the notice contains errors, such as failing to include the date the tenant must vacate the rental unit, the notice can be deemed invalid. Proper notice is a crucial step in the eviction process in Florida.

Retaliatory eviction

Evicting a tenant in retaliation for actions like reporting the landlord to authorities for violating health or building codes is against Florida law. Tenants are protected from such retaliatory actions.

Discrimination

Landlords cannot evict tenants based on discriminatory reasons such as gender, religion, nationality, race, or familial status. Eviction discrimination violates both state and federal fair housing laws.

By understanding and adhering to these legal constraints, landlords can follow the appropriate eviction process and avoid unlawful practices that could result in legal challenges.

The Eviction Process In Florida: Take these 7 steps

1. Review the Lease

Before you do anything, review the lease agreement to understand the eviction terms and conditions. The lease will outline the reasons for eviction and the process to follow.

2. Written Notice

The first step in eviction is giving the tenant written notice. Referring to the rental agreement when giving notice is crucial to ensure all terms are followed correctly. The type of notice depends on the reason for eviction:

• Nonpayment of Rent: A 3-day notice to pay rent or vacate.
• Lease Violation: A 7-day notice to cure the violation or vacate.
• Termination of Tenancy: A 15-day notice to terminate a month-to-month tenancy.

Ensure the notice is served according to Florida law, whether by personal delivery, certified mail, or posting on the property.

3. File an Eviction Lawsuit

If the tenant fails to adhere to the eviction notice, the next step is to initiate a Florida eviction lawsuit (unlawful detainer) with the county court. This involves:

• Filing a complaint and summons with the court clerk
• Paying the filing fee
• Serving the tenant with the eviction lawsuit documents

Ensure all documents are filled out correctly to avoid delays in eviction.

4. Go to Court

After the tenant is served, a court hearing will be set. Both the landlord and the tenant must appear in court. At the hearing, the judge will review the case and decide. If the tenant has valid defenses, the judge will consider them before ruling. Common defenses are:

• The landlord’s failure to maintain the rental unit
• Retaliatory eviction
• Improper notice

5. Default Judgment

The landlord can get a default judgment if the tenant doesn’t respond to the eviction lawsuit or appear in court. This allows the landlord to proceed with the eviction without further court action.

6. Writ of Possession

Once the court rules in favor of the landlord, the next step is to get a writ of possession. This legal document authorizes the county sheriff to remove the tenant from the rental property. The sheriff will give the tenant 24 hours to vacate before taking action.

7. Remove Tenant’s Property

After the tenant vacates, the landlord may need to deal with the tenant’s property being left behind. Florida law requires the landlord to store the property for a certain period before disposal.

7 Tips for Landlords proceeding with the eviction process

Tip #1: Prepare for all Tenant Eviction Defenses

Tenants have the right to defend themselves against eviction. Common defenses are:

• Retaliatory Eviction: Claiming the eviction is retaliation for reporting health code violations.
• Improper Notice: Arguing the landlord didn’t provide proper notice as the law requires.
• Landlord’s Failure to Maintain the Property: Asserting the landlord didn’t fulfill maintenance obligations and the property is uninhabitable.

Landlords must be prepared to address these eviction defenses at the court hearing.

Tip #2: Handle Security Deposits Properly

After the tenant vacates, the landlord must handle the security deposit according to Florida law. This includes:

• Move-out inspection
• Itemize deductions for damages or unpaid rent
• Return the remaining deposit within 15 days or provide written notice of intent to claim within 30 days

Tip #3: Don’t Make These Mistakes

• Issuing an improper notice: Ensure all eviction notices comply with Florida law and are served correctly.
• Don’t skip a step: Follow each step of the eviction process to the letter to avoid legal problems.
• Don’t fail to document something: Keep all correspondence and documents related to the eviction.

Tip #4: Consider Eviction Alternatives

In some cases, landlords may have options other than eviction:

• Cash for Keys: Offer the tenant money to vacate the property voluntarily.
• Mediation: Mediate the dispute without going to court.
• Payment Plans: Work out a payment plan for the overdue rent.

These options can save time and stress from the formal eviction process.

Tip #5: Consider Legal Assistance

Tenant eviction laws can be tricky. Florida landlords should consider getting legal help to ensure they follow Florida law and protect their rights. A landlord eviction attorney can provide guidance and representation throughout the eviction.

Tip #6: Understand Eviction Laws in Florida

Florida eviction laws are important for landlords. Here are key points:

• Notice Requirements: Notice periods for different types of evictions.
• Court Process: How to file and pursue an eviction lawsuit.
• Tenant Rights: Defenses and protections for tenants.

Stay informed and avoid costly mistakes and successful evictions.

Tip #7: Professional property management makes evictions easier for landlords.

Property managers play a big part in tenant evictions. Their responsibilities may include:

• Serving Notices: Making sure eviction notices are served correctly to the tenant.
• Document Management: Keeping all eviction documents in order.
• Representing Landlords: Representing landlords in court.

Above all, be sure to follow these steps:

• Document Everything: Keep all correspondence, notices, and court documents related to the eviction.
• Follow the Law: Follow Florida eviction laws to the letter to avoid legal problems.
• Get an Attorney: Consider hiring an attorney specializing in landlord-tenant law for complicated cases.

FAQs

Key Takeaways

Evicting a tenant in Florida requires knowledge of the process and following Florida law. This guide can help landlords do it smoothly and correctly. Be informed and prepared, whether it’s nonpayment of rent, lease violations, or other issues.

Additional Resources for the Tenant Eviction Process in Florida

• The Residential Eviction Process in Florida: A Comprehensive Guide for Landlords
• The Do’s And Dont’s Of Being A Landlord In Florida
• Evicting A Tenant For Lease Violations In Florida: What Should You Know?
• Florida Residential Landlord and Tenant Act: Florida Senate
• Florida Bar Association
• Orange County Sheriff’s Office: A Landlord’s Guide to the Eviction Process

Know the tenant eviction process in Florida and follow the law to protect your investment and rental property.