Eviction Laws in Florida

There are a great many very specific rules that govern the eviction process in Florida. A Florida lawyer would be able to provide a landlord or a tenant with more information about the eviction process in that state.

In Florida, it is one of the basic tenant rights that a landlord cannot legally evict a tenant without cause, i.e., legally recognized grounds for eviction unless the tenant does not have a lease. This means that a landlord may not evict a tenant simply because they wish to rent a unit to someone else, again unless the tenant does not have a lease.

A tenant who does not have a lease may be evicted without cause. Still, however, the Florida legal procedure for eviction would have to be observed. A landlord who has a tenant who does not have a lease may want to consult with lawyers who deal with evictions before proceeding with an eviction.

The legal grounds to evict in Florida include the following:

• The tenant’s not paying rent on time
• The tenant’s continuing occupancy after their lease ends
• The tenant’s violating terms of the lease that address issues other than paying rent at certain times, e.g., engaging in conduct that is criminal in the unit
• The end of a lease term, e.g., the end of 1 year of occupancy with a lease that lasts for 1 year.

Depending on the grounds for eviction, the landlord must give legal notice to the tenant that informs them of their violation and gives them the opportunity to fix it. Evictions motivated by such reasons as these are just cause evictions.

There are other types of evictions that can proceed legally even if the tenant does not have a lease or has violated a lease in a way that cannot be fixed, as noted below.

What Is the Process for Eviction?

To begin an eviction, a landlord must provide a tenant with the legally required notice. There are 4 kinds of notices in Florida as follows:

• 3-Day Notice: A tenant who has not paid their rent on time receives this notice, which should state the exact amount of rent that the tenant owes. In addition, the notice would clearly inform the tenant that they have no more than 3 business days to pay it.
  • The notice must inform the tenant that their tenancy is terminated if they fail to pay within the 3 days. If the tenant does not pay the rent they owe within the 3-day period, the landlord may file a lawsuit for eviction.
• 7-Day Notice of Lease Violation: If a tenant has violated some provision of their lease that does not involve paying rent, the landlord must give them 7 days to cure the violation.
  • This type of notice is the one to use in cases that involve violations other than a tenant’s failure to pay rent. If the tenant has not resolved the violation within the 7-day notice period, the landlord can go to court to file suit for eviction.
• 7-Day “Unconditional Quit” Notice: A tenant may violate some provision of their lease in a way that does not allow the tenant to correct it. The landlord is permitted to give the tenant a 7-day “unconditional quit” notice in these cases. The tenant is told that they have 7 days to vacate the rental unit. If they do not vacate the unit within 7 days, an eviction can go forward in court.
• Notice in the Absence of a Lease: If a landlord and tenant do not have a written lease agreement, the landlord can end the tenancy without giving the tenant any specific reason. The landlord only has to send proper notice to the tenant, allowing the number of days provided by Florida law. For example, a landlord must give a tenant with a month-to-month lease 15 days to vacate.

Leases do not automatically renew then they expire under Florida law. So, tenants who remain in a rental unit after their lease has expired without making a new lease agreement with the landlord do not have a lease at all.

In this situation, the notice process for month-to-month tenants noted above is applicable.

When a landlord needs to evict a tenant per eviction laws in Florida, the landlord must respect certain very specific legal requirements about how the termination notice can be delivered.

The options for valid delivery are as follows:

• Hand Delivery: Arguably, hand delivery personally to the tenant is the preferred manner in which to deliver a notice of termination.
• Mail: The notice can be mailed via the U.S.P.S. to the tenant’s address. If this is done via certified mail return receipt requested, the landlord has proof that the tenant received it.
• Posting: The notice can be taped to the front door of the tenant’s residence preferably in a place where it can be readily seen.

Florida law requires the landlord to wait for the required number of days before beginning an eviction lawsuit after delivering the notice of termination.

Eviction lawsuits should be filed in the Florida county in which the rental property is located. Certain documents must be filed with the eviction complaint.

Perhaps the most important would be the information the court needs to order a writ of possession in the event the landlord is successful with their lawsuit:

• Information about the landlord
• The location of the property
• The violation committed by the tenant, e.g., failure to pay rent
• A specific request for eviction of the tenant.

The complaint must have a copy of the lease, if there is one, and a copy of the notice sent to the tenant attached to it when it is filed.

Most Florida county courthouses charge a filing fee of $185. In addition, there’s a $10 additional fee for issuing a summons for each of the defendants named in the eviction lawsuit. The landlord is then responsible for having the complaint and summons served on each named defendant.

The county court clerk sends the tenant a copy of the eviction summons and complaint. In addition, a landlord has to hire either a private process server or the county sheriff to deliver a copy of the summons and complaint to the tenant in person.

• Tenant Response: Florida law gives a tenant 5 days to file their answer to an eviction complaint with the county clerk. If the tenant files an answer with the court clerk, a hearing date is set and a judge is assigned to hear the case.
• Hearing: Landlords must attend the hearing on the date and time specified by the clerk. They should bring the evidence they intend to use to prove their case. This would usually be documents and witnesses. Of course, if the tenant has filed a response to the complaint, they must also appear at the appointed hour with the evidence they need to show why they should not be evicted.
• Judgment and Writ of Possession: If the landlord wins their case, the judge issues a judgment in the landlord’s favor. The judgment is given to the county clerk who issues a writ of possession to the landlord.
• Eviction Process if Tenant Does Not Answer: If a tenant does not file a response to the landlord’s complaint, after 5 days have passed, the landlord may move for a default judgment.
  • A date and time for a hearing on the motion is set. The landlord should appear. If all the paperwork complies with requirements, the judge issues a judgment in favor of the landlord. The judgment goes to the clerk who gives the landlord a writ of possession.
• Sheriff Executes Writ of Possession: The sheriff’s department in the county in which the property is located must serve a tenant with the writ of possession and remove the tenant and their belongings if necessary.
  • In other words, there is no other individual or entity that has the authority to perform an actual eviction. The landlord would have to pay a fee of $90 to $115 for this service.

What Constitutes an Illegal Eviction in Florida?

Eviction laws in Florida also recognize illegal or wrongful evictions. For example, it is illegal for landlords in Florida to evict a tenant because of their race, gender, or other protected characteristics. It is illegal for a landlord to evict a tenant because they have requested maintenance or complained about conditions in their unit, e.g., lack of heat in winter.

If a landlord does not follow the correct legal procedure for effecting an eviction, it may be illegal. These are some of the types of evictions that are illegal under Florida law. If a tenant is not sure about their own eviction and whether it is legal, an attorney consultation would be of help.

If a landlord should evict a tenant wrongfully or illegally, they can be sued and made to pay money damages to the tenant.

Florida law provides for damages in the following amounts:

• The tenant’s actual and consequential damages or 3 months’ rent, whichever is greater
• The tenant’s costs for filing their lawsuit and
• The attorney’s fees of the tenant’s attorney.

If the landlord should engage in illegal conduct, such as turning off utilities, changing locks, or removing a tenant’s belongings from a rental unit, more than one time, they may be required to pay the tenant damages for each such incident in which the tenant is harmed.

How Long Does It Take To Evict a Tenant in Florida?

Reportedly, an eviction can be completed in as little as 1 month in Florida. For example, if a tenant leaves in response to a notice to vacate, the eviction has been achieved in a matter of days.

However, if a tenant fights an eviction and has grounds for doing so, an eviction might take quite a bit longer. An appeal of a judgement by either party would be one move that would prolong an eviction.

So there is no single answer to the question of how long an eviction takes in Florida. The different types of evictions in Florida take different amounts of time.

What Are a Tenant’s Rights During an Eviction?

A tenant has the right to receive notice of legal actions as specified above. A tenant also has a right to fight the eviction by filing an answer to the landlord’s lawsuit and having a trial of the issues. The tenant has a right to present their case to a jury at a trial if they wish to have a jury trial. They can appeal the judgment if it goes in favor of the landlord.

What Are Some Other Tips for Tenants When Facing Eviction?

A tenant really should seek out a consultation with an attorney who knows Florida landlord-tenant law.

Florida Legal Services may offer a tenant the help they need. This non-profit entity may also be able to refer a tenant to other places where they might access affordable help, not only an attorney if they need one, but help with finding affordable housing if that is a problem.

How Can I Stop an Eviction?

A tenant can stop an eviction by filing an answer to an eviction lawsuit and then appearing at the trial of the landlord’s complaint and opposing the eviction with their own successful legal claims. A tenant wants to remember that they need to present evidence that supports their claims and contradicts the claims of the landlord, if that is possible.

However, a tenant must also remember that if they have not and cannot pay the rent or have otherwise violated the lease, they may have to move.

A tenant would be well advised to consult with lawyers who deal with evictions or at least one such lawyer for guidance as to how to deal with an eviction. In some cases, the best approach might be to accept that a move may be necessary.

Can a Landlord Throw Away My Belongings?

Florida law does not allow a landlord to remove a tenant by force, for example, by doing any of the following:

• Changing the locks without giving notice and access to the tenant
• Shutting off the utilities, e.g., heating, water, and the like
• Removing and disposing of a tenant’s belongings
• Removing a door or a window.

A landlord can only remove a tenant from a rental unit after they have obtained a writ of execution for the eviction through the formal, legal eviction process. Only a county sheriff who has a writ of possession is legally allowed to remove the tenant and their belongings from a rental unit.

Are There Any Defenses Against Eviction?

As noted above, a tenant may claim that their eviction was an illegal eviction for one of the reasons identified. Or, a tenant may claim that their landlord has failed to follow the eviction procedures prescribed by Florida law.

A tenant may claim that they did not act in such a way as to give the landlord reason to evict them legally, and there are no grounds for their eviction.

Do I Need a Lawyer for an Eviction Claim?

Whether you are a landlord or a tenant, you would benefit from legal advice in connection with an eviction. LegalMatch.com can put a person in touch with a qualified landlord-tenant attorney in Florida who can explain all the technicalities of Florida eviction law and help you get the best result possible in your situation.