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What are the steps to legally evict a tenant in Florida?

Picture of Chris Battis By   ·  1 minute read

To legally evict a tenant in Florida, the landlord must follow specific steps laid out in Florida law. Here are the steps:

  1. Provide the tenant with written notice: The landlord must provide the tenant with written notice of the intent to evict. This notice must be clear and specific and include the reason for eviction. In Florida, there are three types of notices: 3-day notice, 7-day notice, and 15-day notice.
  2. File a complaint with the court: If the tenant does not comply with the notice within the specified timeframe, the landlord may file a complaint with the court. The complaint must include the reason for eviction, the notice that was given to the tenant, and the amount of rent owed, if applicable.
  3. Serve the tenant: The landlord must serve the tenant with a copy of the complaint and a summons to appear in court. This must be done according to Florida law, which outlines specific requirements for delivery.
  4. Attend the hearing: The landlord and tenant must attend a hearing in front of a judge. Both parties will have the opportunity to present evidence and argue their case.
  5. Obtain a judgment for possession: If the judge rules in favor of the landlord, the landlord will be granted a judgment for possession. This means that the tenant must vacate the property within a specified timeframe.
  6. Enforce the judgment: If the tenant does not comply with the judgment, the landlord may obtain a writ of possession, which authorizes a sheriff to remove the tenant and their belongings from the property.

It is important to note that there are some limitations and exceptions to these steps. For example, if a tenant has a lease agreement, the landlord must follow the terms of the lease before attempting to evict the tenant. Additionally, if the tenant is a member of the military, there may be additional legal protections in place. Further action may be necessary if the tenant files a counterclaim or challenges the eviction in court.

Overall, it is recommended that landlords seek the advice of a licensed attorney to ensure that they are following all applicable laws and legal procedures when attempting to evict a tenant in Florida.