Sometimes it is necessary for a landlord to exercise the right of eviction, which is a legal order requiring a tenant to leave within a specific period of time.In order to save time and money, landlords in Florida can learn how to evict a tenant without the assistance of an attorney.Chapter 83 of the Florida Statutes allows you to evict a residential tenant for non-payment of rent if you follow the law.
Step 1: Determine if eviction grounds exist.
If the proper grounds for eviction exist, you can evict a tenant.Nonpayment of rent is the most common ground for eviction.Other grounds for eviction include violations of local, state or federal laws by the tenant while on the premises of the leased property.Some of the most common lease agreement violations include having additional inhabitants who are not named in the rental agreement living at the leased premises.Pets are not allowed under a no-pets policy.Selling drugs on the lease premises, as well as any other tenant action that creates an uninhabitable living environment for others.If you live in a private home with no written lease agreement stating grounds for eviction, you can be evicted for any reason as long as it is not discrimination based on sex, race, creed, color, national origin, age, handicap, or children.If you live in Section 8 housing, the grounds for eviction are very narrow.
Step 2: Make sure you don't violate any of the lease terms.
The tenant will be able to present evidence and testimony when the case is before the court.If the tenant proves that you as the landlord have also violated the lease agreement, your eviction case could fail.Ensure that the court has no reason to reject your eviction case, and review your lease agreement in order to understand what is required of you under the lease.It is necessary to conduct all feasible and necessary repairs in order to maintain a living space.All relevant building, safety, health and housing codes are complied with.Common areas should be maintained in a sanitary manner.Florida state and local eviction procedures can be followed.
Step 3: The tenant should get a warning letter.
You should try to handle the issue without the use of the court system.If the issue underlying the eviction is a misunderstanding that can be solved with an open and honest conversation, there is no reason to waste time and energy filing an eviction complaint.If the lease violations are not fixed, you have the right to file an eviction complaint.If you attempted to handle the eviction issue, you need to send the letter certified mail.This documentation can be used to support your eviction complaint.
Step 4: A notice of eviction should be delivered to the tenant.
Proper notice to the tenant is the first step in the eviction process.The notice of eviction forms have been approved by the Florida Supreme Court.Three-day notices are required for nonpayment of rent.The total amount of past due rent cannot be greater than the amount due on the face of the notice.You can't pursue eviction if you accept rent before the end of the notice period.7-day notice is provided for evictions related to lease or law violations.15-day prior notice is required for the end of a month-to-month tenancy.If you have an oral month to month agreement or if the lease is written but does not contain a lease duration, Miami Beach has a special law requiring a 30-day notice.
Step 5: The notice should be served to the tenant.
Instructions for the service of notice are included in some lease terms.If the lease is silent, you can give notice to an adult occupant by handing them a copy of the notice.The door of the premises can be securely posted with the notice.You should make sure to send the certified mail in order to have documentation of receipt that can be presented to the court.
Step 6: An eviction complaint can be made.
After delivery of notice, notice will toll on the first full day, and expires at midnight on weekends and holidays.You can file an eviction complaint if the tenant hasn't paid rent during the notice period or has not fixed the lease violation.
Step 7: The county clerk's office is where you should file your eviction packet.
A completed eviction packet will contain your eviction complaint, five copies of the lease agreement and notice provided to the tenant, as well as a pre- stamped envelope that is addressed to all occupants/tenants.If you want to swear the complaint in front of a clerk, you have to pay the relevant complaint filing fee.There is a filing fee in most counties.
Step 8: The tenant will be given a service of summons.
After you have filed your eviction complaint and paid the filing fees, you will be given a service of summons and a copy of the eviction packet to give to the tenant.The sheriff of the county can confirm in writing that the notice was delivered.Tenants have 5 days to respond to the summons.The landlord needs to contact the court to schedule a hearing if the tenant pays their rent.If the tenant doesn't answer the summons, file a motion with the clerk for a default judgment.
Step 9: On your hearing date, go to court.
Take all notice receipts with you if you attend the court on the hearing date.Wait for the court to enter a judgment after you answer all the questions presented by the judge.The court will order the sheriff to evict the tenant if the judge sides with you.The landlord will have to pay for the writ of possession which the sheriff will serve on the tenant.If the tenant doesn't show up at the court hearing, you can file a motion for default.