As a property owner, you might ask “how do you evict a tenant in Florida” under current laws. The Florida State Senate creates the legislation of how tenant-landlord issues are handled. Most of the laws on the books were written or updated in 2011, and are still enforceable. While this page is not legal advice, you can learn how to evict a tenant quickly in Florida using this guide.
Evicting a Problem Renter in FL
Before taking action, you must determine, under the law, how a person broke the verbal or written lease agreement. A breakage could be from failure to pay rent or rent increases, damaging the property or any other element that violates the landlord-tenant legislation.
Once a violation has been found, the process to notify a person that he or she must leave the premises has to be started. If you have a lease agreement, it might specify the terms of removal.
When someone does not pay the rent, you can throw a person out of your owned residence by giving him or her a three-day notice.
The notice must be delivered to the tenant in one of three ways.
1. Hand deliver the three-day notice
2. Send official notice by mail with return receipt
3. Attach notice to entry doors of residence in clear view
There are some cases, regardless of the method of delivery, when a tenant claims that he or she did not receive the notice.
In this case, the procedure must be started and completed for the second time, and documented correctly, before further action can be taken.
There are some cases when rent is paid on a weekly, quarterly or annual basis. In this case a seven-day notice (or longer depending on the term of rent payments) must be delivered.
The “Residential Tenancy” statues are complex, and they should be reviewed in-depth prior to making any decision to evict a roommate or renter in the State of Florida.
Boyfriend or House Guest Evictions
It does not matter if you live in Broward, Duval, Pasco, Hillsborough, Brevard, Miami-Dade or another Florida County, the laws of the state will apply.
Some owners of property have live-in boyfriends, friends or relatives that are not included in the actual property lease. These situations further complicate the step-by-step eviction process in FL.
It will be your responsibility to obtain legal assistance before and during the procedure to remove someone from your property.
Complaint to Evict in Court
When a notice is given, and the desired outcome in the notice is not reached, a complaint can be filed in a court. The fees exceed several hundred dollars on average.
The offending party of the complaint will then be served with documentation by a Sheriff or other representative of the County. A court date will be included in the paperwork, and both parties are urged to show up and argue their case.
Only a Judge can determine which party is at fault during a standard or messy tenant lease problem.
If a judge were to rule in your favor of evicting a tenant, a Writ of Possession will be generated. This legal document gives you the right to take back possession of your property. The tenant, that might still be living there, must then vacate the property or face criminal prosecution.