The eviction process in Florida can be a confusing and stressful experience for both landlords and tenants. Florida law governs the eviction process, and it is important to be aware of the timeline and procedures that must be followed. In this article, we will take a comprehensive look at the timeline of the eviction process in Florida.
Before we delve into the specifics of the eviction process, it’s essential to understand the types of evictions that occur in Florida. There are two types of evictions: non-payment of rent and lease violations. Non-payment of rent evictions occur when the tenant fails to pay rent, and lease violation evictions occur when a tenant violates the terms of their lease agreement.
Non-Payment of Rent Evictions
The first step in the eviction process for non-payment of rent is to provide the tenant with a three-day notice to pay or quit. This notice must be in writing and include the amount of rent owed, the deadline for payment, and what actions will be taken if payment is not made before the deadline.
If the tenant does not pay the rent owed within the three-day period, the landlord can file a complaint for eviction with the court. A copy of the complaint and a summons must be served on the tenant. The tenant has five days to respond to the complaint, either by filing an answer or other legal document or by paying the rent owed.
If the tenant fails to respond, the landlord can file a motion for default judgment, and the court will enter a judgment of possession in favor of the landlord. If the tenant responds, a hearing will be scheduled, and the judge will make a determination based on the evidence presented.
Lease Violation Evictions
To evict a tenant for violating the terms of their lease agreement, the landlord must first provide the tenant with a notice to cure or quit. This notice must describe the violation and state that the tenant has seven days to correct the issue or face eviction.
If the tenant fails to correct the violation within seven days, the landlord can file a complaint for eviction with the court. The tenant will be served with a copy of the complaint and a summons and will have five days to respond.
If the tenant responds, a hearing will be scheduled, and the judge will make a determination based on the evidence presented. If the tenant fails to respond, the landlord can file a motion for default judgment, and the court will enter a judgment of possession in favor of the landlord.
Writ of Possession
Once a final judgment of eviction has been entered, the landlord can obtain a writ of possession from the court. A writ of possession is a court order that allows the landlord to take possession of the property and remove the tenant and their belongings.
The writ of possession must be served on the tenant by the sheriff’s office, and the tenant will have 24 hours to vacate the property. If the tenant fails to vacate the property, the sheriff’s office will forcibly remove them and their belongings.
Conclusion
The eviction process in Florida can be an unpleasant experience for both landlords and tenants. However, by understanding the timeline and procedures required by law, you can ensure that the process is as smooth and stress-free as possible.
Remember that evictions must be carried out in compliance with Florida law, and it’s always best to seek legal advice if you’re unsure about any aspect of the process. With careful planning and adherence to legal requirements, you can successfully navigate the eviction process in Florida.