A landlord in Florida can find themselves in a situation where they need to evict a tenant. Hence, it's crucial for them to understand the legal requirements and steps involved to protect their rights and avoid legal pitfalls.
Florida has detailed laws and procedures regarding the eviction process. For instance, you must know the type of notice to serve and the proper way to file an eviction lawsuit. You cannot conduct a constructive eviction in Florida even if your tenant doesn't pay the rent.
To ensure you stay compliant with Florida state laws, we will walk you through the valid reasons for eviction, mention the illegal methods, explain the five steps on how to evict a tenant, and the timelines to complete the process.
Legal Reasons for Eviction in Florida
Florida strictly forbids a tenant's eviction without cause. A property owner must have lawful reasons for eviction as stated in Chapter 83, Title VII of the Florida statutes. The reasons outlined include the following:
- Nonpayment of rent: If a tenant fails to pay rent as stated in the lease agreement, you have the legal right to initiate eviction proceedings.
- Lease agreement violation: If a renter violates the lease terms, such as causing damage to the property, engaging in illegal activities, or having unauthorized occupants, you can pursue eviction.
- Lease term expiration: If a lease has expired and the tenant refuses to vacate the premises or renew the lease, you can start the eviction process.
- Holding over after lease termination: If a tenant remains in the rental property after the lease has been terminated, you can seek to evict them.
- Breach of statutory duties: You can seek eviction if a tenant fails to fulfill statutory duties, such as maintaining a sanitary and safe living environment or complying with building or health codes.
Eviction without cause
Florida law permits landlords to evict tenants without cause in certain circumstances, such as you or a close family member wanting to occupy the property or the premise undergoing a foreclosure eviction process. However, the notice period required for eviction without cause depends on the type of lease agreement in place.
For example, for a month-to-month tenancy, you must provide written notice at least 15 days prior to the end of the rental period. For a week-to-week tenancy, you should give written notice at least seven days before the end of the rental period.
What Makes Eviction Illegal in Florida
Florida landlord and tenant laws prohibit illegal evictions despite having a valid reason. Engaging in a wrongful eviction can result in civil lawsuits, financial penalties, and damages awarded to the tenant, as well as tarnishing your reputation. Examples of illegal evictions in Florida are:
- Changing locks
- Shutting off utilities
- Removing the tenant's belongings from the rental property
- Using threats, intimidation, or harassment to force the tenant to leave
Steps of the Eviction Process in Florida
The eviction process in Florida follows similar steps in all counties. However, some variation may arise depending on exceptions provided in certain circumstances.
1. Give the notice to vacate
Before initiating an eviction lawsuit, you must give the tenant a written notice to vacate the rental property. The notice period and requirements depend on the reason for eviction. For example, nonpayment of rent requires a 3-day notice to pay or vacate. Lease violations require a 7-day notice to cure or vacate and a 15-day notice for month-to-month tenancy.
2. File an eviction lawsuit
If the renter does not comply with the notice to vacate, you can file an eviction lawsuit, also known as an unlawful detainer action. You must provide the court with documentation and evidence to support your claim.
3. Serve the tenant
You must serve the tenant with a copy of the eviction lawsuit and a summons to appear in court. Ways to serve the tenant include:
- Delivering it to them
- Giving another credible occupant of the rental unit if the leaseholder is absent
- Posting the letter in a visible place on the property
- Sending it via certified mail
The tenant has a limited period to respond to the lawsuit, namely 5 business days.
4. Court hearing and judgment
A court hearing will be scheduled if the tenant contests the eviction lawsuit. You will present your case and provide evidence to support your claims, and the tenant will also be given the same opportunity. If the court rules in your favor, it will issue a judgment for possession.
5. Enforcement of judgment
The court will give the tenant a timeline to move out. If they do not vacate voluntarily, the judge will issue a writ of possession, allowing the sheriff to remove the tenant from the rental property.
Florida Tenant Eviction Process Timeline
It takes about 20–37 days to evict a tenant in Florida. The lengthy period is due to the various time allotted at each stage of the eviction process. Below is a timeline that breaks down the timelines in sequential order.
| Eviction Stages | Timeline (Business days) |
|---|---|
| Serve eviction notice | 0–5 |
| File eviction lawsuit | 2–5 |
| Serve eviction papers | 1–3 |
| Await a response | 1–7 |
| Court assigns a hearing date | 5–7 |
| Court enters a writ of possession | 1–3 |
| Sheriff executes the writ of possession | 5–7 |
Most of these times are variable as you can see, but this gives you a general idea of how long this process can take. If you want a sure way to get this process started easily, use a template to get your eviction notice started.
Start your Florida Eviction Notice now.
Helpful Resources:
FAQ on the Eviction Process in Florida
-
Can a landlord force a renter to leave a Florida property?
Florida law prevents landlords from forcefully evicting tenants unless they have acquired a forcible entry and detainer order from the court. Engaging in DIY evictions, such as changing locks, shutting off utilities, or removing the tenant's belongings, is illegal.
-
How long is an eviction process in Florida?
An eviction process in Florida takes about 20–37 days to complete. The delay is often due to the time allotted to execute the various steps. For example, filing an eviction lawsuit takes 2–5 days, while getting a hearing date takes 5–7 days.
-
How to Get a Florida Eviction Notice?
Here is a quick summary of how to get an eviction notice in Florida:
- Determine the reason for eviction
- Review the lease or rental agreement
- Prepare written notice
- Serve the notice
- Allow time for compliance
- Take legal action
-
How common is eviction in Florida?
During the COVID-19 pandemic, evictions stalled due to moratoriums in place. Since then, evictions in Florida have soared to levels higher than before the pandemic. Orange County, for example, reported more than 15 thousand evictions in 2022 and in 2023, beating records from the previous decade.
A landlord in Florida can find themselves in a situation where they need to evict a tenant. Hence, it's crucial for them to understand the legal requirements and steps involved to protect their rights and avoid legal pitfalls.
Florida has detailed laws and procedures regarding the eviction process. For instance, you must know the type of notice to serve and the proper way to file an eviction lawsuit. You cannot conduct a constructive eviction in Florida even if your tenant doesn't pay the rent.
To ensure you stay compliant with Florida state laws, we will walk you through the valid reasons for eviction, mention the illegal methods, explain the five steps on how to evict a tenant, and the timelines to complete the process.
Legal Reasons for Eviction in Florida
Florida strictly forbids a tenant's eviction without cause. A property owner must have lawful reasons for eviction as stated in Chapter 83, Title VII of the Florida statutes. The reasons outlined include the following:
- Nonpayment of rent: If a tenant fails to pay rent as stated in the lease agreement, you have the legal right to initiate eviction proceedings.
- Lease agreement violation: If a renter violates the lease terms, such as causing damage to the property, engaging in illegal activities, or having unauthorized occupants, you can pursue eviction.
- Lease term expiration: If a lease has expired and the tenant refuses to vacate the premises or renew the lease, you can start the eviction process.
- Holding over after lease termination: If a tenant remains in the rental property after the lease has been terminated, you can seek to evict them.
- Breach of statutory duties: You can seek eviction if a tenant fails to fulfill statutory duties, such as maintaining a sanitary and safe living environment or complying with building or health codes.
Eviction without cause
Florida law permits landlords to evict tenants without cause in certain circumstances, such as you or a close family member wanting to occupy the property or the premise undergoing a foreclosure eviction process. However, the notice period required for eviction without cause depends on the type of lease agreement in place.
For example, for a month-to-month tenancy, you must provide written notice at least 15 days prior to the end of the rental period. For a week-to-week tenancy, you should give written notice at least seven days before the end of the rental period.
What Makes Eviction Illegal in Florida
Florida landlord and tenant laws prohibit illegal evictions despite having a valid reason. Engaging in a wrongful eviction can result in civil lawsuits, financial penalties, and damages awarded to the tenant, as well as tarnishing your reputation. Examples of illegal evictions in Florida are:
- Changing locks
- Shutting off utilities
- Removing the tenant's belongings from the rental property
- Using threats, intimidation, or harassment to force the tenant to leave
Steps of the Eviction Process in Florida
The eviction process in Florida follows similar steps in all counties. However, some variation may arise depending on exceptions provided in certain circumstances.
1. Give the notice to vacate
Before initiating an eviction lawsuit, you must give the tenant a written notice to vacate the rental property. The notice period and requirements depend on the reason for eviction. For example, nonpayment of rent requires a 3-day notice to pay or vacate. Lease violations require a 7-day notice to cure or vacate and a 15-day notice for month-to-month tenancy.
2. File an eviction lawsuit
If the renter does not comply with the notice to vacate, you can file an eviction lawsuit, also known as an unlawful detainer action. You must provide the court with documentation and evidence to support your claim.
3. Serve the tenant
You must serve the tenant with a copy of the eviction lawsuit and a summons to appear in court. Ways to serve the tenant include:
- Delivering it to them
- Giving another credible occupant of the rental unit if the leaseholder is absent
- Posting the letter in a visible place on the property
- Sending it via certified mail
The tenant has a limited period to respond to the lawsuit, namely 5 business days.
4. Court hearing and judgment
A court hearing will be scheduled if the tenant contests the eviction lawsuit. You will present your case and provide evidence to support your claims, and the tenant will also be given the same opportunity. If the court rules in your favor, it will issue a judgment for possession.
5. Enforcement of judgment
The court will give the tenant a timeline to move out. If they do not vacate voluntarily, the judge will issue a writ of possession, allowing the sheriff to remove the tenant from the rental property.
Florida Tenant Eviction Process Timeline
It takes about 20–37 days to evict a tenant in Florida. The lengthy period is due to the various time allotted at each stage of the eviction process. Below is a timeline that breaks down the timelines in sequential order.
| Eviction Stages | Timeline (Business days) |
|---|---|
| Serve eviction notice | 0–5 |
| File eviction lawsuit | 2–5 |
| Serve eviction papers | 1–3 |
| Await a response | 1–7 |
| Court assigns a hearing date | 5–7 |
| Court enters a writ of possession | 1–3 |
| Sheriff executes the writ of possession | 5–7 |
Most of these times are variable as you can see, but this gives you a general idea of how long this process can take. If you want a sure way to get this process started easily, use a template to get your eviction notice started.
Start your Florida Eviction Notice now.
Helpful Resources:
FAQ on the Eviction Process in Florida
-
Can a landlord force a renter to leave a Florida property?
Florida law prevents landlords from forcefully evicting tenants unless they have acquired a forcible entry and detainer order from the court. Engaging in DIY evictions, such as changing locks, shutting off utilities, or removing the tenant's belongings, is illegal.
-
How long is an eviction process in Florida?
An eviction process in Florida takes about 20–37 days to complete. The delay is often due to the time allotted to execute the various steps. For example, filing an eviction lawsuit takes 2–5 days, while getting a hearing date takes 5–7 days.
-
How to Get a Florida Eviction Notice?
Here is a quick summary of how to get an eviction notice in Florida:
- Determine the reason for eviction
- Review the lease or rental agreement
- Prepare written notice
- Serve the notice
- Allow time for compliance
- Take legal action
-
How common is eviction in Florida?
During the COVID-19 pandemic, evictions stalled due to moratoriums in place. Since then, evictions in Florida have soared to levels higher than before the pandemic. Orange County, for example, reported more than 15 thousand evictions in 2022 and in 2023, beating records from the previous decade.
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