Eviction Process in Florida

February 22, 2012United States

Eviction process in Florida involves certain requirements and guidelines that both tenants and landlords should follow. Chapter 83 of Florida Statutes, Landlord/Tenant Law outlines the legal processes for the rented property as well as the legal responsibilities of all the parties involved. This law helps tenants and landlords to legally navigate through the cumbersome process of residential evictions. This complete guide to residential evictions will teach you what documents you will need to file as well as the costs involved in the simplest or even the most complex cases of eviction.

 

Eviction process in Florida and Florida eviction process timeline

The first step to ensuring a successful eviction process in Florida is to serve a three-day notice. This will state your demands regarding the required payment of rent as well as the possession of the premises three days after the delivery date of the notice. Before attempting to write an eviction notice, you have to check the laws implemented for residential eviction in the city where your units are located. If the notice lacks information or you filed it wrongly, the entire eviction process will be dismissed and you will have to start from scratch. You should also be sure that you could legally evict your tenants before writing an eviction notice Florida.

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The laws governing eviction process in Florida will require you to secure two copies because of the notice because the one you will send and the one you will file with the eviction court should be identical. Make sure that the notice contains the full names of your tenants, your telephone number, and the total amount of money they owe you, and the month they last paid their dues. Go to the unit of your tenants and hand the notice to the person being evicted or tape it into their front door. Once the three-day notice has expired and your tenants have not come up with the money they owe, you can already proceed to filing a valid complaint for eviction.

The legal eviction process in Florida will also require you to file the original complaint and the copies for each tenant with the city clerk. You should also send the eviction court a copy of the lease and the three-day notice you have drafted. Attach the copy of the leasing contract and the eviction notice to each copy of the complaint and make sure that you will sign the complaint in the presence of a deputy clerk. After you have finished filing the complaint and paying for the necessary fees, the Clerk will issue you an Eviction Summons/Residential. This will be attached to the copy of the lease, three-day notice, and the Complaint before being served to the tenant.

Eviction process in Florida may involve the help of a private process server or a Sheriff when it comes to serving the Summons. If you wish to work with the County Sheriff, you will need to pay $20 per tenant but fees in other Florida counties may also vary. If you wish to pay in cash, you have to deliver the Eviction Summons personally to the office of the Sheriff. The fees of private process servers may also vary and you will need to contact them directly. If the tenant cannot be reached personally, you can also serve the Summons by posting it to a visible part of the premises.



Attending the court hearing
Eviction process in Florida will also give tenants at least five days after the Eviction Summons has been served to file an answer. As soon as the tenant pays for the fees and files an answer, you should contact the eviction court and schedule a hearing. If tenants fail to answer the Summons, Florida eviction laws will also give you the freedom to file a Motion for Default and obtain a Final Judgment for Possession. The deputy clerk is authorized to enter a Default five days after the tenant has been served. Once the clerk acknowledges the Default, the court judge will review your files and request the clerk to issue a Writ of Possession.

To complete eviction process in Florida, you will also need to provide the clerk with an original copy of the Final Judgment for Possession that the court judge has issued. Make sure that you were able to produce a copy for yourself and the tenants in question. You should also provide the clerk with stamped envelopes that contain the addresses of your tenants before mailing their copy of the Final Judgment. As soon as the Judgment has been issued, the clerk will provide the County Sheriff with a Writ of Possession. This describes your property and gives you the authority to assume possession within 24 hours.

eviction process in floridaWhile navigating through eviction process in Florida, you will also need to pay for a couple of fees. The cost of filing a complaint to the clerk usually costs $185 in Florida. The Court of Summons will also require you to pay $10 for each summon that will be issued to your tenants. You will also need to pay for the services of a licensed private process server or pay the County Sheriff for serving the Eviction Summons. Once the Sheriff posts a Notice of Removal to the door of your tenants, you will also need to pay them $90 to $115. After 24 hours, the Sheriff may also return to the premises to make sure that the tenants have already left your property.

Learning how to evict a tenant in Florida may intimidate you at first glance. To prevent mistakes and miscommunication, you can also consider hiring a lawyer who specializes in cases of eviction. Whether your tenants failed to pay their rent or violated the rules of your property, eviction lawyers can help you protect your rights by making sure that all the parties involved will get what they deserve. Although eviction process in Florida may seem complicated and confusing, you can ensure a smooth eviction process once you have managed to learn the state laws governing residential eviction.
We hope you now understand Eviction process in Florida

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