How long florida eviction process

This would increase the amount of time the eviction lawsuit takes. The tenant may have several valid defenses, such as the landlord making procedural mistakes during the eviction for example, improperly serving a notice or not waiting long enough before filing the eviction lawsuit.

Some other potential tenant defenses include the landlord's failure to maintain the rental unit according to law or the landlord discriminating against the tenant. A landlord must never try to force a tenant to move out of the rental unit. The tenant can only be removed from a rental unit after the landlord has successfully won an eviction lawsuit.

Even then, the only person authorized to remove the tenant is a sheriff or constable. Florida law has made it illegal for a landlord to personally remove the tenant from the rental unit. Illegal Eviction Procedures in Florida has more information on this topic.

If the tenant leaves personal property at the rental unit after the tenant has moved and the tenancy has ended, the landlord must notify the tenant in writing of the abandoned personal property. The landlord must give the tenant at least 10 days to claim the property if the notice was personally delivered to the tenant, or 15 days if the notice was mailed. The landlord can also charge the tenant reasonable costs for storage of the property. If the tenant does not claim the property within the appropriate time, then the landlord can either sell the property or dispose of it see Fla.

Landlords must carefully follow all the rules and procedures required by Florida law when evicting a tenant. Otherwise, the eviction may not be valid. Although these rules and procedures may seem burdensome to the landlord, the rules are there for a reason. Evictions often occur very quickly, with the end result that the tenant has lost his or her home.

The rules help ensure the eviction is justified and that the tenant has enough time to find a new place to live. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. An overview of Florida eviction rules, forms, and procedures. Notice for Termination With Cause In Florida, a landlord can terminate a tenancy early and evict a tenant for a number of different reasons, including not paying rent, violating the lease or rental agreement, or committing an illegal act.

Three-Day Notice to Pay Rent or Quit : If the tenant fails to pay rent, then the landlord can give the tenant a three-day notice to pay rent or quit. The notice must state that the tenant has three days to either pay rent or move out of the rental unit or the landlord will terminate the tenancy. Alternatively, attend court on the hearing date and make sure to take all notice receipts with you.

Supposing the judge sides with you, the court will order the sheriff to evict the renter within 24 hours. You must obtain a Writ of Possession from the Florida court, which you must pay for. Once the Writ is served or conspicuously posted on the property, the renter has 24 hours to vacate. If the renter leaves any personal property at the rental unit, the Florida eviction laws mandate you to notify them in writing.

In Florida, the law requires that you give the tenant at least 10 days to claim the property. The day period is if the notice was personally delivered to the renter. If mailed, the tenant has 15 days to claim the property. You can charge the tenant for storage of the property. The costs should be reasonable. If the tenant fails to claim the property within that time, you are at liberty to dispose of it whichever way you please. Eviction is not an easy matter for both the landlord and the tenant.

Next Post Previous Post. Click-to-call: In Florida, you can evict a tenant as a result of the following violations; Violations of the lease agreement Non-payment of rent Violations of local, state or federal laws Nuisance, etc. Make sure that you: Comply with all relevant Florida safety, building, housing, and health codes Follow all the rules and regulations pertaining the Florida eviction process Maintain common areas in a habitable manner Conduct all feasible and necessary repairs 3.

Notify the tenant of the eviction If there is a reason for eviction, write the renter a letter reminding them of the terms of the lease agreement. Notice of Termination with Cause As already told, you can terminate a tenancy early and evict a tenant for a variety of reasons. In Florida, this type of notice can be served if the tenant; — Creates unreasonable disturbances — Destroys the rental property — Repeats the same violation within one year Day Notice This notice is given in Florida is for month-to-month tenancies.

Serve the Florida Eviction Notice In Florida, service of an eviction notice can be accomplished using various means. Tenant Eviction Defenses In some cases, the renter may choose to fight the eviction. The following are some common tenant eviction defenses: Under Florida Statute Here, you waive your right to evict a renter if you accept rent.

However, repeated actions by the renter may make this defense null and void. To avoid making the eviction void, the landlord must comply with applicable housing regulations.

These are rules and regulations that govern the condition and upkeep of the property. Under Florida Statute Here, you can serve the tenant a 3-day notice to pay the rent.

Improper notice by the landlord. You must include all of the statutorily required information and provide a written notice.

Retaliatory conduct, discriminatory and self-help. A tenant has 5 working days to respond. If they answered and paid the outstanding rent, contact the county court to schedule a trial.

Ensure the delivery of the hearing notice to the tenant along with case number, hearing time, date and venue details, and the date of notice. File a motion seeking default judgment, either with the clerk or with the court, in case the occupant fails answering the summons. The complainant will now need to wait for the county court to commence upon a judgment.

In case the judge passes judgment in favor of the landlord, the sheriff will be ordered to evict the occupant in 24 hours flat. The sheriff will need to serve a summons of possession ordering the occupant to vacate. The landlord will be required to pay for the same. Practices Areas. Call Us Today At New Haven, Suite , Melbourne, Florida Phone Fax Legal Resources Scholarship Sitemap.