Users' questions

Can a landlord evict a tenant in Florida?

Can a landlord evict a tenant in Florida?

If the tenant remains on the property after the lease has ended, the landlord may proceed with the eviction process. A tenant can be evicted in Florida if they do not uphold both their responsibilities under the lease agreement and their responsibilities as a tenant under Florida landlord tenant law.

What’s the next step in the eviction process in Florida?

The next step in the eviction process required the landlord to file a Complaint with the court of the applicable county in Florida. In most counties, this costs around $185 in filing fees and an additional $10 per tenant for each Summons that will be issued.

Can a landlord file a retaliatory eviction against a tenant?

The landlord decreases necessary services to the tenant. The landlord files to evict the tenant without any other just cause. This is considered a retaliatory eviction. The landlord refuses to make needed repairs that have been requested by the tenant and full under the landlord’s responsibility.

Can a tenant file legal action against a landlord?

The tenant had violated the terms of the lease agreement. The tenant had not been meeting their required obligations under landlord tenant law. If a tenant believes that a landlord has retaliated against him or her, the tenant can file legal action against the landlord.

Who is authorized to evict a tenant in Florida?

Even then, the only person authorized to remove the tenant is a sheriff or constable. Florida law has made it illegal for a landlord to personally remove the tenant from the rental unit. Illegal Eviction Procedures in Florida has more information on this topic.

Can a landlord force a tenant to move in Florida?

For more information on tenant defenses, see Tenant Defenses to Eviction Notices in Florida. A landlord must never try to force a tenant to move out of the rental unit. The tenant can only be removed from a rental unit after the landlord has successfully won an eviction lawsuit.

The landlord decreases necessary services to the tenant. The landlord files to evict the tenant without any other just cause. This is considered a retaliatory eviction. The landlord refuses to make needed repairs that have been requested by the tenant and full under the landlord’s responsibility.

The tenant had violated the terms of the lease agreement. The tenant had not been meeting their required obligations under landlord tenant law. If a tenant believes that a landlord has retaliated against him or her, the tenant can file legal action against the landlord.

When to stop the eviction process in Florida?

If the tenant fixes the problem, stop the eviction process. If it happens again within 12 months, you do not have to give the tenant a chance to fix the issue. A 7-day notice is all that will be required to evict a tenant in Florida in this situation.

How does a landlord end a tenancy in Florida?

The landlord terminates the tenancy by giving the tenant written notice, as required by state law. If the tenant does not comply with the written notice, then the landlord can file an eviction lawsuit (also sometimes referred to as an action for possession). Florida law gives specific requirements to end a tenancy.

Can a landlord serve a tenant with an eviction notice?

Serving the tenant with the eviction notice. For the eviction to accrue, state law dictates the process of the eviction. It states how the eviction notice needs to be delivered. Since the landlord is dealing with a tenant with no lease agreement, the typical notices used are the 3-Day Notice, 7-day notice, and the 15-day notice.

What is the Florida law on eviction?

In Florida, tenants have a right to remain in their home until the landlord complies with the proper eviction process, including providing the tenant with a correct 3-day notice to pay rent or vacate the premises (there is a whole body of law related to defective 3-day notices).

What are the steps for eviction in Florida?

In Florida, landlords can take the following steps in order to evict their tenant, and save on attorney fees. Give the tenant a 3-days notice to either pay the outstanding rent or vacate the premises. Write down a complaint and file for eviction.

What are Florida eviction rules?

An overview of Florida eviction rules, forms, and procedures. In Florida, a landlord can evict a tenant for a variety of reasons, but the landlord must terminate the tenancy first. The landlord terminates the tenancy by giving the tenant written notice, as required by state law.

How does the Florida eviction process work?

The Florida eviction process starts with a written notice created and served by the landlord. This precedes any court documentation for the eviction process. The landlord must use this notice to terminate the lease agreement. Florida has a three-day notice for nonpayment of rent and a seven-day notice for lease violations.