Eviction Process in Florida
Evictions are governed by Chapter 83 of Florida’s Residential Landlord and Tenant Act. The steps of the eviction process roughly follow the following process:
- The Tenant breaches the lease by either not paying rent or performing some act or omission that materially violates the rental lease.
- The Landlord posts a 3 day or 7 day notice on the door, and the tenant must respond to the Landlord’s notice within 3 or 7 days, depending on the type of notice that is posted.
- If the Tenant does not respond to the notice, an eviction lawsuit must be initiated in the county court where the property is located.
- The Landlord then sends the Eviction Lawyer a copy of the 3 or 7 day notice and a copy of the lease (if written), and the lawyer files the eviction.
- After being served with the eviction summons, the Tenant has 5 days to answer the Complaint.
- If the Tenant does not Answer the Complaint five days after being served with the eviction summons, the Landlord can get a “default” from the clerk of court.
- If the eviction is uncontested, (e.g., the Tenant does not Answer or contest the eviction complaint), then the Landlord’s lawyer will proceed to get a Default Final judgment entered against the tenant.
- If tenant is still on the property after judgment is entered against, then the Landlord must obtain a Writ of Possession to have the county Sheriff forcibly remove the tenant, if necessary.
- The County Sheriff will coordinate a date and time with Landlord or Landlord’s agent to remove the Tenant, change the locks if necessary, and remove any of the Tenant’s personal belongings out unto the property line.
- The time it takes to complete an eviction varies from 4 weeks to 8 weeks, depending on the county, judge, and sheriffs’ schedules.
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Knowing the ins and outs of the Florida’s Landlord and Tenant law, and local court procedure, can be very hard to do on your own. You need to hire a team of professional attorneys that are ready to help you at every step of the way in your eviction case. For every passing day that a problem tenant remains on the property, the landlord loses money in the form of lost rental income. With that said, a lawyer who knows the intricacies of the legal eviction process can close an eviction case much faster than a non-attorney. Evict-FL is a law firm that offers a highly specialized and systemized approach to eviction cases. We years of experience in eviction law and we have a focus on delivering decisive legal advocacy and professional representation at all times.
Our team of eviction lawyers prosecute eviction cases in every city and county in Florida, so no matter where you live, as long as your property is located in Florida, you will be able to work with us. Because our law firm processes evictions in bulk, we are able to offer affordable court representation. And, we are always willing to match our competitors’ rates. Evict FL will provide you with the expertise of vetted, bona-fide legal professionals that have the requisite experience in the practice of Florida’s Landlord and Tenant Law.