Landlord Law

Evicting a tenant is never easy. There are a lot of legal matters and procedures to follow. Understanding the lease agreement is crucial in eviction, as it outlines the terms and conditions that both parties must adhere to. In Florida, landlords must follow specific laws and rules to evict a tenant. This guide will show you a step-by-step approach to evicting a tenant in Florida so you can be informed and prepared for every step.

Evicting a Tenant in Florida

Evicting a tenant in Florida is governed by strict laws that protect both the landlord and the tenant. A rental agreement is crucial in legal proceedings, as it provides evidence in court hearings related to eviction processes. The Florida Residential Landlord and Tenant Act outlines the legal process for eviction, which landlords must follow to avoid legal trouble. Landlords must follow a legal eviction process if the tenant doesn’t pay rent, violates the lease, or causes disturbances.

Reasons for Evicting a Tenant in Florida

Landlords can evict tenants for many reasons. Some include:

Issues collecting rent payment

Timely rent collection is essential when leasing out your property. If a tenant consistently pays rent late or fails to pay, you can initiate the eviction process after issuing a formal notice for prompt payment.

Lease violations

If a tenant violates the lease agreement, one common reason for eviction is that you should send them a written warning and tell them the time to correct their actions. Landlords in Florida must give tenants a seven-day notice for lease violations. Tenants must seek legal assistance to include all necessary information and avoid errors. Any mistakes on the eviction notice could give the tenant grounds to challenge the eviction in court, causing delays in the process. Common lease violations are:

• Subletting their apartment unit
• Unauthorized pets or occupants
• Unreasonable disturbances
• Smoking on premises
• Using their unit to conduct unauthorized business

Damage to the rental property

Understanding the difference between normal wear and tear and property damage in your rental property is important. Normal wear and tear refers to the expected deterioration of the property due to normal use, such as minor scratches, loose hinges, or nail holes. The tenant is not responsible for this type of damage. Property damage involves more significant harm, such as major repairs or unauthorized alterations. In these situations, you may have the right to withhold funds from the security deposit or issue an eviction notice.

Lease agreement expires

Another common reason for eviction is if the lease period has ended or there’s no lease. In such situations, a landlord must issue a notice depending on the rent payment method.

Each has specific legal requirements and notice periods that landlords must follow before filing an eviction lawsuit. Tenant landlords must follow lawful procedures and obtain eviction orders from a court to remove a tenant, avoiding illegal self-help measures.

Reasons Why Landlords Cannot Evict Tenants in Florida

While Florida is often regarded as landlord-friendly, landlords must strictly follow Chapter 83 of the Florida Residential Landlord and Tenant Act. If the eviction process is unlawful, tenants can challenge it and present valid defenses. Here are several key reasons why a landlord might be prohibited from evicting a tenant in Florida:

Self-help eviction

Actions such as turning off services such as utilities or changing the locks to force a tenant to leave are illegal. Florida law requires landlords to follow the proper eviction process, which includes serving the appropriate written notice and obtaining a court order if necessary.

Errors in the eviction notice

If the notice contains errors, such as failing to include the date the tenant must vacate the rental unit, the notice can be deemed invalid. Proper notice is a crucial step in the eviction process in Florida.

Retaliatory eviction

Evicting a tenant in retaliation for actions like reporting the landlord to authorities for violating health or building codes is against Florida law. Tenants are protected from such retaliatory actions.

Discrimination

Landlords cannot evict tenants based on discriminatory reasons such as gender, religion, nationality, race, or familial status. Eviction discrimination violates both state and federal fair housing laws.

By understanding and adhering to these legal constraints, landlords can follow the appropriate eviction process and avoid unlawful practices that could result in legal challenges.

The Eviction Process In Florida: Take these 7 steps

1. Review the Lease

Before you do anything, review the lease agreement to understand the eviction terms and conditions. The lease will outline the reasons for eviction and the process to follow.

2. Written Notice

The first step in eviction is giving the tenant written notice. Referring to the rental agreement when giving notice is crucial to ensure all terms are followed correctly. The type of notice depends on the reason for eviction:

• Nonpayment of Rent: A 3-day notice to pay rent or vacate.
• Lease Violation: A 7-day notice to cure the violation or vacate.
• Termination of Tenancy: A 15-day notice to terminate a month-to-month tenancy.

Ensure the notice is served according to Florida law, whether by personal delivery, certified mail, or posting on the property.

3. File an Eviction Lawsuit

If the tenant fails to adhere to the eviction notice, the next step is to initiate a Florida eviction lawsuit (unlawful detainer) with the county court. This involves:

• Filing a complaint and summons with the court clerk
• Paying the filing fee
• Serving the tenant with the eviction lawsuit documents

Ensure all documents are filled out correctly to avoid delays in eviction.

4. Go to Court

After the tenant is served, a court hearing will be set. Both the landlord and the tenant must appear in court. At the hearing, the judge will review the case and decide. If the tenant has valid defenses, the judge will consider them before ruling. Common defenses are:

• The landlord’s failure to maintain the rental unit
• Retaliatory eviction
• Improper notice

5. Default Judgment

The landlord can get a default judgment if the tenant doesn’t respond to the eviction lawsuit or appear in court. This allows the landlord to proceed with the eviction without further court action.

6. Writ of Possession

Once the court rules in favor of the landlord, the next step is to get a writ of possession. This legal document authorizes the county sheriff to remove the tenant from the rental property. The sheriff will give the tenant 24 hours to vacate before taking action.

7. Remove Tenant’s Property

After the tenant vacates, the landlord may need to deal with the tenant’s property being left behind. Florida law requires the landlord to store the property for a certain period before disposal.

7 Tips for Landlords proceeding with the eviction process

Tip #1: Prepare for all Tenant Eviction Defenses

Tenants have the right to defend themselves against eviction. Common defenses are:

• Retaliatory Eviction: Claiming the eviction is retaliation for reporting health code violations.
• Improper Notice: Arguing the landlord didn’t provide proper notice as the law requires.
• Landlord’s Failure to Maintain the Property: Asserting the landlord didn’t fulfill maintenance obligations and the property is uninhabitable.

Landlords must be prepared to address these eviction defenses at the court hearing.

Tip #2: Handle Security Deposits Properly

After the tenant vacates, the landlord must handle the security deposit according to Florida law. This includes:

• Move-out inspection
• Itemize deductions for damages or unpaid rent
• Return the remaining deposit within 15 days or provide written notice of intent to claim within 30 days

Tip #3: Don’t Make These Mistakes

• Issuing an improper notice: Ensure all eviction notices comply with Florida law and are served correctly.
• Don’t skip a step: Follow each step of the eviction process to the letter to avoid legal problems.
• Don’t fail to document something: Keep all correspondence and documents related to the eviction.

Tip #4: Consider Eviction Alternatives

In some cases, landlords may have options other than eviction:

• Cash for Keys: Offer the tenant money to vacate the property voluntarily.
• Mediation: Mediate the dispute without going to court.
• Payment Plans: Work out a payment plan for the overdue rent.

These options can save time and stress from the formal eviction process.

Tip #5: Consider Legal Assistance

Tenant eviction laws can be tricky. Florida landlords should consider getting legal help to ensure they follow Florida law and protect their rights. A landlord eviction attorney can provide guidance and representation throughout the eviction.

Tip #6: Understand Eviction Laws in Florida

Florida eviction laws are important for landlords. Here are key points:

• Notice Requirements: Notice periods for different types of evictions.
• Court Process: How to file and pursue an eviction lawsuit.
• Tenant Rights: Defenses and protections for tenants.

Stay informed and avoid costly mistakes and successful evictions.

Tip #7: Professional property management makes evictions easier for landlords.

Property managers play a big part in tenant evictions. Their responsibilities may include:

• Serving Notices: Making sure eviction notices are served correctly to the tenant.
• Document Management: Keeping all eviction documents in order.
• Representing Landlords: Representing landlords in court.

Above all, be sure to follow these steps:

• Document Everything: Keep all correspondence, notices, and court documents related to the eviction.
• Follow the Law: Follow Florida eviction laws to the letter to avoid legal problems.
• Get an Attorney: Consider hiring an attorney specializing in landlord-tenant law for complicated cases.

FAQs

Key Takeaways

Evicting a tenant in Florida requires knowledge of the process and following Florida law. This guide can help landlords do it smoothly and correctly. Be informed and prepared, whether it’s nonpayment of rent, lease violations, or other issues.

Additional Resources for the Tenant Eviction Process in Florida

• The Residential Eviction Process in Florida: A Comprehensive Guide for Landlords
• The Do’s And Dont’s Of Being A Landlord In Florida
• Evicting A Tenant For Lease Violations In Florida: What Should You Know?
• Florida Residential Landlord and Tenant Act: Florida Senate
• Florida Bar Association
• Orange County Sheriff’s Office: A Landlord’s Guide to the Eviction Process

Know the tenant eviction process in Florida and follow the law to protect your investment and rental property.

Eviction Process in Florida

The eviction process in Florida, as well as many other states, can be complex. Learning how to navigate the process can not only save you time and money, but your sanity as a landlord.

There are ways to evict a tenant that will keep you compliant with the state of Florida and avoid complications of using illegal means to evict, which can create issues for you and your real estate endeavors.

Late Rent Payments

Late rent payments are one of the main issues that bring about eviction possibilities. One of the first steps should you find yourself in a situation where a tenant is habitually late or several months behind on rent is to send them a notice requesting payment in full. If they do so, it’s still beneficial for you to document any late payments to ensure that a habit of late payments is on record should you need to address the situation again.

As Florida Statutes state, “if the tenant fails to pay rent when due and the default continues for three days, excluding weekend days and holidays, after delivery of written demand by the landlord for payment of the rent or possession of the premise, the landlord may terminate the rental agreement.”

Other Common Reasons for Eviction

A lease violation is another common reason to consider eviction. It’s best practice to send a written warning letting the tenant know that they are in violation of the lease terms. Some of the common examples of violations are;

Subletting a unit: If you have specific verbiage in your rental agreements against subletting a rental unit and you discover that your tenant has done this, you can send a warning to the tenant to amend the violation and give them a set amount of time to do so. Typically, a couple of weeks or a month may be sufficient time for the tenant to amend the violation and provide evidence that they have successfully rectified the violation.

Unauthorized animals: If you have a strict “no pet” policy or one that sets a weight or breed restriction and the tenant has violated this, you can send a request asking them to fix the issue within a set period of time.

Smoking: Some landlords choose to restrict smoking within a certain distance of the property or within the rental units, and if you discover that a tenant is not abiding by this restriction, you can request that they stop.

Nuisance in Multifamily Communities

If you have multiple units and you hear complaints regarding other tenants, that’s common and reasonable, as there will likely always be issues among tenants. However, you may want to pursue eviction through proper channels if there is a consistent complaint about a specific tenant. A best practice is to include specific vocabulary in the lease regarding nuisance activity, such as loud music or times of the day when noisier activities are allowed. By having this clear expectation in the lease and having the tenant sign it, you may avoid significant issues in the future.

How to Give Notice for Eviction

To legally evict a tenant, you must provide adequate written notice of your intent to terminate their tenancy. The length of notice required will depend upon the reason for the eviction. Choosing the correct type of notice for the situation is critical to avoid legal issues with removing the tenant, should it become necessary. If you have questions or concerns about drafting or serving an eviction notice, you should contact a knowledgeable landlord law attorney for guidance.

The four types of eviction notices in Florida are:

• Three-day notice to quit: If a tenant has not paid rent, you may serve them with a three-day notice. The notice must clearly state the total rent amount due.
• Seven-day notice to comply or vacate: For non-compliance with the terms of the lease agreement, such as failing to remove trash or allowing an unapproved person to live in the unit, the landlord can file a seven-day notice. The tenant then has seven days, not counting holidays or weekends, to fix the issue and avoid lease termination.
• Seven-day unconditional quit notice: Under certain circumstances, you may be able to file a seven-day notice without giving the tenant an opportunity to fix the issue. Repeated violations of lease terms within a year or damage to the property may justify this type of notice.
• Fifteen-day notice to vacate: Tenants on a month-to-month lease must generally be informed of your intent to evict at least fifteen days before rent is due.

What Practices to Avoid When Considering Eviction of Tenants

If you are considering eviction in Florida, there are a few guidelines to help ensure you are compliant as a landlord.

If you wish to evict a tenant, it’s essential to document the request rather than shutting off utilities or changing the locks. These actions can result in the tenant having the right to challenge the eviction.

Landlord discrimination is another issue to be aware of. It’s vital to ensure you are not illegally discriminating against a tenant based on their age, color, religious affiliation, or other protected status. The Fair Housing Act protects tenants against discrimination, and violating that as a landlord can become a federal issue. 

Simple errors in the eviction notice can delay the process or create complications. It’s vital to ensure that all dates and requirements are clearly noted on the requests sent to the tenant so there’s no miscommunication on what you expect of them. Errors can sometimes lead to the tenant challenging the eviction in court, delaying the process and potentially costing you more money.

Our Team. Your Invaluable Resource

Let our capable and tireless team help to protect your assets by assisting you in your landlord journey. Whether it’s reviewing your lease agreements to ensure they are bulletproof or pursuing an eviction process, we help our clients remain compliant and avoid unnecessary issues.

With multiple years of helping clients of all sizes in Florida, we provide a personalized approach, respect for the issues landlords face, and a tireless work ethic. Don’t let small issues become big problems. Contact our office at (407) 904-9166 today for your initial consultation and to learn how we can assist you. 

We look forward to serving you.