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The eviction process can be confusing and daunting. For one, the process varies depending on state and location. Each state has their own rules and regulations on evictions. Additionally, evicting a tenant is a task that isn’t ideal for anyone. However, sometimes circumstances may make an eviction necessary.
What Is Eviction in Florida?
An eviction is when a tenant is required to move out per their landlord’s request. State laws distinguish a process for landlords to follow. Florida allows landlords to evict tenants for many reasons. The most frequently cited reasons for eviction are not paying rent, breaking rules in the lease, and poor maintenance of the property. Landlords are not allowed to evict a tenant by threats, changing locks, or turning off utilities. The state laws in Florida on eviction are strict. It is crucial for the process to be carefully carried out.
Florida Eviction Process
Below we will describe the steps to evict a tenant, according to Florida law.
Step One- Give a Written Notice: The first step is to give the tenant a written notice. In Florida, there are three kinds of notices: 3 day notice, 7 day notice with chance to cure, and 7 day notice unconditional quit.
- The 3 day notice is often given when the tenant has not paid rent. This notice gives the tenant 3 business days to pay their rent or vacate the unit. The three days do not include the day of delivery or any holidays. There is a template the state has for this notice. Additionally, on the 3 day notice you want to include the date, how the notice was given, and the exact amount due. This notice can be given in person or by mail. If for some reason the landlord can’t do one of the ways mentioned, they can leave it at the rental unit. If the amount of rent given before the deadline is less than the agreed amount, the landlord has the option to reject the rent. According to the Florida Law, if the money is not paid by the deadline, the landlord has the right to file for eviction. If the tenant pays the rent, filing for an eviction lawsuit is not allowed. If it happens again in the future, the landlord must redo the eviction process. If the tenant does not pay rent but leaves the property, the landlord could sue for the money owed.
- The 7 day notice to cure is when the tenant has broken the agreement but the violation can be corrected. For example, if the tenant is not cleaning properly in accordance with the agreement, they have a chance to clean up. If the tenant does not comply by the 7 days, then an eviction suit can be filed.
- The 7 days notice unconditional quit is given when the tenant intentionally damages the property or has repeat offenses within a year. In this notice, the tenant is not given a chance to correct the problem. This notice gives the tenant 7 days to move out.
Step Two- File for Eviction: The landlord can file an eviction complaint at the county clerk office. It usually costs around $185 and should include any relevant documentation. The tenant will receive a copy of the forms.
Step Three- Wait for Tenant Response: The tenant has 5 days to respond to the complaint, not including weekends or national holidays. If the tenant does not respond, then the landlord will automatically win.
Step Four- Go to Court: If the tenant responds, a hearing will be scheduled. Landlords are required to be in attendance.
Step Five- Eviction if Landlord Wins: If the landlord wins, the court will give the sheriff’s office the notice to deliver to the tenant. This notice gives the tenant 24 hours to move out.
These five steps are clearly described. However, this process can be lengthy and complicated. It is a dreadful task for many landlords to begin this process. For that reason, it is best to seek an expert who is knowledgeable and can provide guidance. Because Florida laws on eviction are strict, you do not want to make any mistakes.
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