Guide to the Eviction Process in Florida

Each State has different things to do in an eviction, This is called the process of an eviction. Most all evictions start with some kind of termination of the tenancy either by the Landlord or the Tenant. Every State has Laws that make it necessary to follow that State’s Process in the event of an Eviction.

Eviction in Florida can be broken down into 4 Steps:

1. Serving the Eviction Notice (3-Day or 7-Day)
2. Filing a Complaint and Summons
3. Going to Court
4. Writ of Possession

Three Day Notice to pay rent or Vacate the Property is given to Tenant. This is a written notification given by the Landlord to the Tenant notifying them that the rent is past due. If the rent (money) is not paid within the three days or the property is not vacated, Then the landlord will/can proceed to Evict the Tenant.

Note: You will need all the Florida Eviction Forms  filled out for the next steps, You can get all the forms from this site. 

You will fill out and File the Eviction Documents Summons & Complaint forms at the County Courthouse Clerk of Courts Office (civil division). The landlord files the documents with the County Clerks Office. It states the Tenants Name(s), Location of the Rental Unit & Amount claiming past due rent (The Copy of the 3-Day Notice will be the amount you stated the Tenant owes you.) money needed to become current and remain in the lease. After the paperwork is processed at the County Clerks Office, which can take anywhere from three to ten business days. The Summons and Complaint will be served to the Tenant.

The Eviction Summons is Served by the sheriff to the Tenant. (Please know that you can have a private Process Server Serve the Summons to the Tenant) This is one of the forms from the Eviction Paperwork that was filed with the Clerk of Courts. (The Summons & Complaint that has been processed through the Court.) The Tenant gets five business days (excluding weekends and Holidays) to respond to the court as per the Summons & Complaint stating their intentions, to pay or vacate the premises.We Suggest that a Tenant is Personally Served, This will help with the Other parts of the Eviction Later

FLORIDA 3-Day Notice or FLORIDA 7-Day Notice

The eviction notice form for residential tenants in Florida is either called a “3-day notice” or “7-Day notice” depending on why the landlord is evicting the tenant. If the tenant is being evicted for non-payment of rent, the landlord uses the 3-Day Notice. If the tenant is being evicted for another lease violation, such as unauthorized pets, criminal activity, etc., the landlord uses the 7-Day Notice.

In order to start the eviction process, the landlord must deliver the notice to the Tenant. The Notice must be in writing, and must be mailed (certified mail is best), hand delivered, or left at the residence if the tenant is not there. The landlord should keep a copy of the notice, so he or she can prove to the judge that it was in fact delivered. If after the notice period of 3 Days or 7 Days (second time!) (excluding Saturday, Sunday, and legal holidays) the Tenant is still there, the landlord must move on to the next step and file a “Complaint” with the County Clerk for the county where the property is located.

Complaint and Summons

Filing the Complaint means the landlord is starting a formal court case to eviction the tenant. When the landlord goes to the County Clerk’s office to file the complaint, he should bring copies of the lease, and copies of the 3-Day Notice (see above). Most County Clerks will have a Complaint Form that the landlord can fill out. Once filled out, the clerk will notarize your signature on the Complaint and file it. Make sure you also bring money to pay the filing fee (call the County Clerk ahead of time to find out how much it is).

When the landlord files the Complaint, the Clerk will also issue a “Summons.” The Summons is what will be delivered to the Tenant to tell them they are being sued for Eviction. You can ask the Clerk to have the Sheriff deliver the summons (recommended), or you can pay a private process server to deliver it. Either way will cost you a little money, but having the Sheriff do it is probably less expensive.

If the Sheriff or process server is not able to find the tenant, then the tenant can be served by “posting” (attaching the Summons onto the premises). If a landlord needs to deliver the Summons by posting, they must tell the County Clerk, and request that the Clerk also mail the Summons to the Tenant by “Certificate of Mailing.”

Going to Court

Once the Tenant has been served the Summons, they will have 5 days to file an answer with the Court. If they do file an answer, then the landlord must call the Court to Schedule a hearing. At the hearing, the landlord must “plead his case” and tell the judge why a judgment should be entered in his favor.

If the Tenant does not answer the lawsuit within the 5 day period, the landlord is entitled to a default judgment. The landlord may file a Motion for Default with the Clerk, which asks the judge to enter a Final Judgment for Possession in the landlord’s favor. Once the judge has done so, the landlord can obtain a Writ of Possession.

Writ of Possession

After entry of the Final Judgment for Possession, the landlord can request the Clerk to issue a “Writ of Possession.” The Writ of Possession must then be served on the Tenant by the Sheriff. The Sheriff will hand-deliver it or post it on the premises. After receiving this Writ of Possession from the Sheriff, the Tenant will have 24 hours to vacate the premises, or else the Sheriff will physically remove them.

Eviction is not an easy matter for a Landlord or a Tenant: For whatever reason, the tenant cannot afford to pay their rent as stipulated in their contract. In order to get their money, the landlord must follow the Eviction Process for Florida.
The Florida Eviction Process is complicated with several steps to follow. Below we will Explain the Florida Eviction Process. Fees for filing court documents are the same for each county, But different steps will need to be taken for every Eviction proceeding. Some evictions will go smoothly while others may be held up in court over technicalities and appeals. Either way, evictions are emotional and trying times for all parties involved. 

One of three things will happen.

1  The Tenant Pays you the money and they stay as your Tenant

2  The Tenant files an Answer as to your Summons & Complaint within the 5 days given. and they will get there day in court. You may need a Lawyer at this point. or you can do it yourself “Pro Se” Bring all of your proof and paperwork with you to the hearing date set by the courts.

Note: If the tenant does not put the Money they owe as per your 3-Day notice filed with the courts. you can bring to the clerks office a form that asks the Judge to Order them to Place the Money into the Court Registry before the date they set for the Hearing. If they do not place the money in the Clerks Registry, at the hearing you can ask the judge that they have not complied by law and you are asking for an immediate Default.

1. They don’t file anything and ignore the papers that have been served to them. After 5 days you bring the Default Paperwork filled out, to the Clerk of Courts and file the Default with the Courts. You will be granted the default and the Writ of Possession. giving you the apartment back after the Sheriffs Office Serves the 24-Hr Notice. This Has to be served by the Sheriffs Office at a fee of 90.00 that you will pay when you file the Default Paperwork.

We Suggest that a Tenant is Personally Served, This will help with the Other parts of the Eviction Later EX:( Collecting Rents Owed to you, and Getting A Judgement on the Tenant. ( Damages Count II)

Before you Rent

TENANT: Walk through the premises to identify any problems that should be fixed BEFORE you rent an apt. Take pictures, video or make notes of any questionable conditions and include provisions for repairs in the rental agreement or in a separate written document signed by both parties.

A Tenant is an equal party with the Landlord. You never have to agree to any rental arrangement. Before renting a dwelling, be sure the rental agreement covers ALL the issues addressed. Before you sign, make sure you thoroughly understand the terms of the agreement. If you DON’T understand, DON’T sign the rental agreement. There is no grace period allowed for canceling rental agreements, so if you sign, you are bound to the agreement.

LANDLORD: DO BACKGROUND CHECKS ON NEW TENANTS, CHECK WITH THE COUNTY CLERKS OFFICE IN YOUR COUNTY ( SEE IF THEY EVER HAD AN EVICTION BEFORE YOU RENT TO THEM), TAKE PICS OF UNIT BEFORE YOU RENT IT TO ANY TENANT, THIS WILL HELP LATER IF A TENANT HAS ANY QUESTIONS WHEN THEY LEAVE A UNIT ex: THIS WAS PREEXISTING YOU CAN SHOW WHAT IT LOOKED LIKE BEFORE YOU RENTED IT TO THEM.

IF THEY HAVE PETS MAKE SURE THAT YOU GET TO SEE THE PET, TAKE PICS OF THE PET(s) AND MAKE SURE THAT THE ANIMAL HAS ALL ITS SHOTS (Ex: RABIES, CATS DISTEMPER, ETC. AS REQUIRED BY LAWS OF YOUR STATE OR COUNTY) (See the Free Forms Page for a Pet Policy)

Rental Agreements

A rental agreement is an agreement to rent property (commonly referred to as leases). Rental agreements may be either written or oral. Most rental agreements are written because oral agreements can be subject to misunderstandings and are difficult to prove. A written rental agreement can be a formal contract, or simply a copy of a letter stating the rights and obligations of both the landlord and tenant.

Florida law requires that notices to and from a landlord must be in writing, even if the rental agreement is oral. You should always retain a copy of any correspondence to and from your landlord

If the RENTAL AGREEMENT contains no provision as to duration of the tenancy, the duration is determined by the periods for which rent is payable (week-to-week, month-to-month, etc.). All other terms are either those specifically addressed by law or those that are part of the agreement between you and your landlord.

A rental agreement is an agreement to rent property (commonly referred to as leases). Rental agreements may be either written or oral. Most rental agreements are written because oral agreements can be subject to misunderstandings and are difficult to prove. A written rental agreement can be a formal contract, or simply a copy of a letter stating the rights and obligations of both the landlord and tenant.

Florida law requires that notices to and from a landlord must be in writing, even if the rental agreement is oral. You should always retain a copy of any correspondence to and from your landlord

PET POLICY’S and RENTING WITH PET’S

Assistive animals that provide assistance, service and support to a disabled person are not considered pets and are not limited by this Policy. However, they must be registered with management. Vicious pets, exotic pets or any poisonous or venomous pets will not be permitted. In your Pet Policy there should be a guide for Breeds not Allowed.Any tenant wishing to bring pets onto the property must read, understand and abide by the rules, Every Landlord should have a pet policy that all tenants read and agree to. The primary purpose of which is to ensure that safe and sanitary surroundings are provided for all Tenants, Visitors, Management and Employees, to protect the physical integrity of the property, and to protect and provide for the well-being of the pets themselves. Tenant must register all pets with Property Management. Permission to keep a pet is granted at the sole discretion of Management and will be based in part on the pet’s own merit, as well as the Tenant’s ability to maintain proper control over it.

SECURITY DEPOSIT and RENT

A DAMAGE DEPOSIT/ SECURITY DEPOSIT is the most common requirement of landlords. At the time of the pre-rental walk-through with the landlord, you should make note of damaged items or areas, worn rugs, broken fixtures, etc. and give a copy to the landlord. Keep a copy for your files, which may help eliminate or minimize disputes later.A Landlord has the discretion to collect various deposits as well as some rent in advance. These advance payments generally vary in range. You should be careful about making any deposit unless a definite decision has been made to move into the unit. A tenant who puts down a deposit but then decides not to occupy the unit, MAY NOT be entitled to a refund. If a deposit is non-refundable it should be stated in the rental agreement.

SECURITY DEPOSITS: When you move out, the landlord must either return your deposit within 15 days of termination of the rental agreement, if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant’s last known mailing address within 30-days upon termination of a rental agreement, as to why they are keeping a portion of or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit, unless you fail to give proper notice prior to vacating.

Unless you object to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to you within 30 days after the date of the notice of intention to impose a claim for damages. If you object to the landlord’s claim you may file a complaint with the Department of Agriculture and Consumer Services or institute an action in a court of competent jurisdiction to adjudicate the landlord’s right to the security deposit.

ACCESS TO YOUR APT.

The landlord may also enter at any time when:Once you agree to rent a dwelling, your right to possession is much the same as if you owned it. The landlord however, can enter at reasonable times with proper notice to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply agreed services or show it to a prospective or actual purchaser, tenant, mortgagee, worker or contractor.

• The tenant has given consent;
• In an emergency;
• The tenant unreasonably withholds consent; and/or,
• The tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises.

If the Landlord Does Not Comply
You may be able to withhold rent if your landlord fails to do what the law or rental agreement requires. You must however, announce your intentions in writing by mail, preferably certified, at least seven days before the rent is due to allow time to remedy the problem.

If the problem is not corrected within the seven days and you withhold the rent, the landlord may take you to court to collect it. Under these circumstances, you must pay the rent into the court registry, pending the judge’s determination in the case.

If the Tenant Does Not Comply
You can be evicted for not living up to the agreement. The process of removal depends on the breach

FAILURE to MEET OBLIGATIONS

Other Evictions Except for the failure to pay rent, a landlord must notify you in writing of any shortcomings and give you seven days in which to correct the situation. If you still have not complied after seven days, the landlord can begin the eviction process based on non-compliance.

Section 83.56(2)(a), F.S.
Under certain circumstances, if you have exhibited a lack of consideration for the rights and privacy of others, a landlord has the right to require you to move with very little notice. In some cases (destruction, damage, misuse of property, unreasonable disturbances), the landlord does not have to give you an opportunity to remedy the problem and may terminate tenancy by giving you a seven-day written notice.

Each eviction case is unique, so be sure to obtain legal advice. A landlord MAY NOT evict you solely in retaliation for the tenant complaining to a governmental agency about code violations or asserting other tenant rights.

Non-Payment of Rent
Section 83.56(3), F.S.
The landlord must serve you, the tenant, a written notice allowing three days (excluding weekends and legal holidays) for you to pay the rent or move from the premises. If you do not pay the rent or move, he/she may begin legal action to evict you

In order for the landlord to gain payment of rent or possession of the dwelling, he/she must file suit in county court. If the court agrees with the landlord, you will be notified in writing. You then have five days (excluding weekends and legal holidays) to respond – also in writing – to the court. If you do not respond or a judgment is entered against you, the clerk of the county court will issue a “Writ of Possession” to the sheriff who will notify you that eviction will take place in 24 hours.

Termination of tenancy without a specific term – days of written notice required (prior to termination):

Weekly ——— 7 days
Monthly ——– 15 days
Quarterly ——- 30 days
Yearly ———- 60 days

Florida Law does not allow a landlord to force a tenant out by:

• Shutting off the utilities or interrupting service, even if that service is under the control of or the landlord makes payment;
• Changing the locks or using a device that denies the tenant access;
• Removing the outside doors, locks, roof, walls or windows (except for purposes of maintenance, repair or replacement); and/or
• Removing the tenant’s personal property from the dwelling unless action is taken after surrender, abandonment, recovery of possession of the dwelling unit due to the death of the last remaining tenant in accordance with section 83.59(3)(d), or lawful eviction.

If any of these occur, the tenant may sue for actual and consequential damages or three months’ rent, whichever is greater, plus court costs and attorney’s fees.

GROUNDS for AN EVICTION

THE TENANT A tenant, at all times during the tenancy shall:

• Comply with all building, housing and health codes.Keep the dwelling clean and sanitary.
• Remove garbage from the dwelling in a clean and sanitary manner.
• Keep plumbing fixtures clean, sanitary and in repair.
• Not destroy, deface, damage, impair or remove any part of the premises or property belonging to the landlord, nor permit any person to do so.
• Conduct him/herself, and require other persons on the premises with his/her consent, to conduct themselves in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.
• Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators.

Once you agree to rent a dwelling, your right to possession is much the same as if you owned it. The landlord however, can enter at reasonable times with proper notice to inspect, make necessary or agreed repairs, decorations, alterations or improvements, supply agreed services or show it to a prospective or actual purchaser, tenant, mortgagee, worker or contractor.

The landlord may also enter at any time when:

• The tenant has given consent;
• In an emergency;
• The tenant unreasonably withholds consent; and/or,
• The tenant is absent from the premises for a period of time equal to one-half the time for periodic rental payments. If the rent is current and the tenant notifies the landlord of an intended absence, then the landlord may enter only with the consent of the tenant or for the protection or preservation of the premises

3-DAY and 7-DAY NOTICES

When a tenant gets behind in paying rent to you. you must inform the tenant of this fact. in one of 3 ways. A. 3 DAY NOTICE ( Non Payment of rent ) or 7 DAY NOTICE ( Tenant Not complying with lease or rules of the building ) 7 DAY NOTICE ( not renewing the lease, want them out.)

3-DAY NOTICE: THIS IS A NOTICE THAT YOU GIVE PERSONALLY TO THE TENANT LETTING HIM/HER KNOW THE AMOUNT THAT THEY ARE BEHIND FOR THE RENT. THIS NOTICE INDICATES THAT WITHIN 3 DAYS ( EXCLUDING WEEKENDS, AND HOLIDAYS) THAT IF THE BALANCE IS NOT PAID TO YOU YOU WILL BE EVICTING THEM FROM THE APT.

7-DAY NOTICE: THIS IS FOR A PROBLEM AGAINST THE BUILDINGS RULES AND REGULATIONS THAT A TENANT HAS BEEN BREAKING OR PARAGRAPHS IN YOUR LEASE STATING EX: CLEANLINESS AROUND THE OUTSIDE OF THE TENANTS DOOR,, ANIMALS SHITTING ON YOUR LAWN,, LOUD MUSIC OR YELLING ALL TIMES OF THE NIGHT, PEOPLE COMING AND GOING ALL TIMES OF THE NIGHT.

7 DAY NOTICE: THIS IS THE FORM USED IF YOU JUST DONT WANT THE TENANT IN YOUR BUILDING ANY MORE LEASE EXPIRES TERMS ARE UP, AND YOU HAVE TO INFORM THE TENANT THAT YOU DO NOT WANT TO RENEW THE LEASE YOU WANT THEM OUT.

Florida’s Landlord/Tenant Law
Summary of Chapter 83, Part II – Florida Statute

COMPLAINT & SUMMONS

State Forms needed for Florida Evictions.

A. Complaint:

1  Must attach a copy of lease

2  Must attach copy of notice

3  Count I: Possession

4  Count II: Rent; damages; attorney fees & costs

5  Must set forth the address of the premises

6  Must state facts that authorize recovery

7  Must be filed in the county where the premises are situated

8  The court shall advance the cause on the calendar

B. Summons: An eviction suit for possession and damages is bifurcated in that the possession count is expedited with only five days to respond, and the damages count has twenty days to respond. A combination summons may be used [Stein v. Hubbs, 439 So.2d 1005 (Fla. 5th DCA 1983)] Although they don’t seem to realize this in Palm Beach.

1  Count I: Possession.

a  In all actions for possession, the LL is entitled to summary procedure as provided in Fla. Stat. § 51.011.

b  Tenant has 5 days to answer Count I for possession: Berry v. Clement, 346 So. 2d 105 (Fla. 2d DCA 1977), 5 days excludes weekends and legal holidays. Rule 1.090(a).

c  Service: Fla. Stat. § 48.183(1). If personal service can not be effected after at least 2 attempts at least 6 hours apart, the complaint may be posted conspicuously on the premises. Another copy of the complaint must be mailed to the tenant.

d  The summons must advise the tenant:

If tenant believes that the amount claimed in the complaint is inaccurate, T must file a motion with the clerk to determine the amount to be paid to the clerk.

Documentation supporting tenants’s position must be attached.

Summons details the separate response that must be filed and given to the landlord when there is a separate claim for money damages

DEPUTY CLERKS ARE NOT ATTORNEYS AND WILL NOT PREPARE ANY FORMS, REGARDING AN EVICTION. AFTER YOU HAVE GIVEN PROPER NOTICE TO YOUR TENANT PURSUANT TO FLORIDA STATUTES CHAPTER 83, AND YOUR TENANT HAS FAILED TO COMPLY WITH THAT NOTICE, YOU MAY FILE A SUIT FOR EVICTION:

IF ONE TENANT:

SERVICE OF OFFICIAL COURT DOCUMENTS