Residential Evictions: A Comprehensive Guide for Landlords

Evictions are stressful situations for both landlords and tenants. The legal complexities involved residential evictions can be overwhelming for a landlord without legal experience, and mistakes can lead to costly delays or worse. 

Reasons for Eviction in Florida

Before initiating residential evictions in Florida, it’s essential to be aware of the legally valid reasons for evicting a tenant:

Non-Payment of Rent

In Florida, when tenants fail to pay rent on time, landlords are required to provide a “3-Day Notice to Pay Rent or Quit.” This notice grants tenants three business days, excluding weekends and legal holidays, to either pay the overdue rent or vacate the property. Failure to comply with this notice allows the landlord to proceed with filing an eviction lawsuit. 

Lease Violations

For lease violations such as unauthorized pets or unapproved subletting, Florida landlords must issue a “7-Day Notice to Cure the Violation or Quit.” This notice specifies the lease term breached and gives tenants seven days to correct the issue or face eviction. If the tenant does not remedy the violation within this period, the landlord can initiate legal proceedings to evict. 

Month-to-Month Tenancies

Month-to-month tenancies in Florida can be terminated by the landlord with a “15-Day Notice to Quit,” provided at least 15 days before the end of the monthly rental period. This notice period allows tenants sufficient time to secure alternative accommodations and ensures landlords can regain control of their property efficiently. 

Illegal Activity

Landlords in Florida have the authority to evict tenants engaging in illegal activities on the premises, prioritizing the safety and legality of the rental environment. The eviction process for illegal activity can be initiated without the standard notice requirements, reflecting the serious nature of the offense. This provision enables landlords to act swiftly to protect their property and the well-being of other tenants and neighbors. 

The Eviction Process in Florida

Adhering to Florida’s strict eviction process is crucial to ensure a successful outcome:

Step 1: Provide Written Notice

Begin the eviction process by delivering a formal written notice to the tenant. This notice should specify the reason for eviction—whether it’s for non-payment of rent, lease violations, or engaging in illegal activities on the premises. The notice must detail the timeframe the tenant has to remedy the issue or vacate the property, adhering to Florida statutes such as a 3-Day Notice for rent arrears or a 7-Day Notice for other lease violations.

Step 2: Contact a Landlord Tenant Lawyer in Florida

Before proceeding further, consult with Ferrer Law Group. A rental lawyer can provide advice on the eviction notice, ensure that all legal procedures are correctly followed, and help prepare for potential legal defenses the tenant might use. 

Step 3: File an Eviction Complaint

If the tenant fails to rectify the issue or vacate, the landlord can file an eviction lawsuit with the court in the county where the property is located. This initiates the legal process for eviction, requiring accurate completion of legal documents and payment of a filing fee, areas where your lawyer’s guidance is invaluable.

Step 4: Summons Issued by the Court

Once the eviction complaint is filed, the court issues a summons to the tenant, officially informing them of the eviction action. The tenant is typically given a brief period of five days to respond, making it imperative to have legal representation ready to handle any tenant defenses or counterclaims.

Step 5: Attend the Court Hearing

A court hearing allows both landlord and tenant to present their cases. Having a lawyer ensures that all necessary documentation and evidence are presented and that the landlord’s arguments are persuasively articulated, addressing any nuances in Florida laws.

Step 6: Obtain a Writ of Possession

If the judge decides in the landlord’s favor, the next step is to secure a Writ of Possession. This legal document authorizes the sheriff to remove the tenant if they have not willingly left the property. Landlords are advised to coordinate with a qualified landlord / tenant lawyer during this final step to ensure that the eviction complies with all state and local laws.

Safeguard Your Investment with Ferrer Law Group

While residential evictions are never a desirable outcome, sometimes they become necessary to safeguard your property and investment. This guide presents the fundamentals of Florida’s eviction procedures. For personalized legal guidance and support throughout the eviction process, the Ferrer Law Group is dedicated to achieving the best outcomes for landlords. Reach out to our team of rental lawyers and discover the peace of mind that comes from having legal professionals by your side.

Contact the Ferrer Law Group today to arrange a consultation and let us guide you through every step of the eviction process.