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An eviction occurs when a tenant has broken the lease agreement with the landlord. These breached terms may include breaking a pre-established rule, not caring properly for the unit, or not paying rent. The eviction process in Florida may leave landlords and tenants with many questions. Below we answer some of the most frequently asked questions about eviction in Florida.
Can a landlord evict you immediately in Florida?
A landlord has limitations by state law. Therefore, a landlord is not allowed to evict tenants without a court order. Getting a court order requires giving tenants notice, filing a complaint with the county, and usually a court hearing. This process can take a few weeks. Therefore, a landlord can’t evict you immediately. You will have a few weeks to prepare. However, once the hearing has finished, you may receive a 24 hour notice to evict, should the landlord win the case.
How long can you go without paying rent in Florida?
If rent isn’t paid by the pre-established deadline, the landlord may give a 3 day notice. This notice gives the tenant 3 business days to pay their rent or vacate the unit. If the money is not paid by the three days, the landlord may continue to file for eviction. If the tenant pays the rent, filing for an eviction lawsuit is not allowed. A landlord may also charge a late fee if rent isn’t paid. This is possible if it’s in the lease agreement.
How long does eviction take in Florida?
The exact length of the eviction process varies drastically due to different factors. If the tenant does not have any valid defenses, the process is likely to move quicker. If that is the case, the eviction process is usually around 15 days. However, an eviction can take up to 4 weeks in some cases.
What is a 5 day summons eviction in Florida?
If a landlord has begun the eviction process, they will file an eviction complaint at the county’s clerk office. After filing the complaint, the tenant will receive a 5 day eviction summons. This means that the tenant has five days to respond with their defenses and/or pay rent. If the tenant does not respond to this, the landlord will automatically win and there will be no court hearing.
Is there a 24 hour eviction in Florida?
A 24 hour eviction notice is delivered when the landlord wins the eviction hearing. This notice is often delivered by the local sheriff’s office. This notice means the tenant must move out within 24 hours.
How do I delay an eviction in Florida?
There is only so much a tenant can do to delay an eviction. Ideally, talking with your landlord is the best way to delay an eviction. Landlords find evictions a hassle and no landlord wants to go through that process. By talking with your landlord, you may be able to negotiate an agreement to save you both from going through the process. If you both agree to negotiate, make sure to document the new agreement in writing. If your landlord gives you notice to cure, curing the violation can prevent the eviction process from continuing. If a negotiation or cure does not occur, and your landlord does file a complaint with the county, the next way to delay the eviction process is to answer the complaint with your defenses. Once a hearing occurs, lawyers or individuals representing themselves may request continuances which could push back a trial to a later date. Lastly, filing for bankruptcy will delay the eviction process, but may make it harder to rent units in the future.
Above we answered some of the most common questions regarding eviction in Florida. Florida has very unique and specific procedures for eviction. Therefore, it is important that they are followed carefully. If you still have questions, it’s best to seek an expert who is knowledgeable and can provide guidance on your specific situation.
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