How to Evict a Tenant in Florida

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How to Evict a Tenant in Florida

May 18, 2012United States

How to evict a tenant in Florida is something you know? If you’re a landlord in Florida, you must employ a process of legal proceedings in order to successfully evict a tenant due to unpaid rent. You can do this by giving your tenant a leeway of three days in order to be able to pay the rent. If your tenant refuses to comply with your demand, you can then file a complaint that can either end up in a default judgment or a hearing. After acquiring the judgment, your county sheriff would be in charge if physically evicting your tenant. Landlords may not evict a tenant without passing through this legal process.

 

Here are more detailed tips on how to evict a tenant in Florida.

How to Evict a Tenant in Florida with The Three Day Notice
First off, you have to give your tenant a three day notice. The three-day notice is a demand that requires the tenant to pay the rent within three days. Failure to do so will require him to vacate your property. You may deliver the three-day notice through writing, but you can use any means possible. Registered mail is the best choice for it allows you to avoid any disputes in the future.



How to Evict a Tenant in Florida: Waiting It Out

The next step includes simply waiting it out. You will give the tenant three days in order to come up with the payment. The three days given must not include weekends or any public holidays. The Florida law states that holidays falling on a Sunday renders the following Monday as a public holiday as well. Keep this in mind when you’re giving your three day notice. You want to be as accurate as possible when you’re giving out your notices.

How to Evict a Tenant in Florida: Filing Your Complaint

how to evict a tenant in floridaThe third step is to issue a complaint through the Florida county clerk. The countyclerk will ask you to submit a copy of your three-day notice, as well as a copy of the written lease. Head to the county clerk and complete a formal complaint form. If you’re planning to evict more than one tenant, you will have to compete numerous claim forms. If this is your case, you will have to bring multiple copies of the three day notice as well. The Florida county clerk will also require you to pay a filing fee, with the price varying depending on the county your tenant is in. If you’ve successfully completed your forms, the clerk will begin issuing summons to your tenants.

How to Evict a Tenant in Florida: Go to Court

If the tenant answers the summons within five days, you may be able to go to court, present your case, and possibly win it. If, however, your tenant refuses to answer the summons, you may encourage the Florida court to begin issuing a default judgment. If the judgment is in your favor, you may then visit the county clerk and ask for the writ of possession. This is the last step on how to evict a tenant in Florida and will give the tenant 24 hours to vacate the property.
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