Florida embodies the qualities of an ideal place to reside, offering enjoyable weather, vibrant culture, tasty food, ample educational prospects, and a relatively low cost of living. Striking a balance between work and personal life is effortless in the Sunshine State!
As a property owner, your top priority is creating a safe and comfortable home for your renters while achieving your investment goals. It’s equally important to monitor potential issues with tenants to ensure a smooth and enjoyable experience.
Florida landlords must be well-familiarized with the state's eviction procedures and court processes when needed. While the law gives equal rights to landlords and tenants, it frequently errs on the side of property owners in Florida.
With the assistance of property managers, you can have a team of professionals help you safeguard your assets and ensure a steady income stream. Let's examine the laws governing landlords more closely:
Understanding Florida Eviction Laws
Florida eviction laws are governed by Chapter 83 of the Florida Statutes. Landlords must understand the grounds for eviction and the proper procedures to follow. Failure to comply with the law can result in costly delays, expensive attorney fees, and potential penalties.
Grounds for Eviction
- A Florida law states that if a tenant fails to pay rent, he or she may be evicted from the rental unit. Non-payment is the most common reason for eviction. Depending on the lease or rental agreement, the security deposit may act as payment if the landlord wishes.
- A landlord can evict a tenant for failing to comply with the terms of the rental agreement. Lease violations include destruction of property, breaking health or noise ordinances, and having unauthorized guests or pets on the rental property. The lease agreement usually states the maximum number of tenants who can visit or inhabit the dwelling unit.
- Landlords can evict tenants for participating in illegal activities on the leased property. This is usually highlighted in the tenancy agreement. If tenants refuse to stop the unlawful actions, landlords have the right to notify legal authorities.
The Eviction Process in Florida
Step 1: Providing Proper Notice
Landlords must give written notice to tenants before filing an eviction lawsuit. The type of eviction notice required depends on the reason for the eviction and the terms of the rental agreement.
A three-day notice period is given for non-payment of rent. You must specify the exact rent amount due. Furthermore, the tenants are required to pay all that is due within this timeframe, excluding legal holidays and weekends.
A seven-day notice is required for lease violations with a chance to “cure” or be corrected. This gives ample time for the tenant to abide by the leasing agreements and make necessary changes.
A seven-day unconditional quit notice can be used for uncorrectable lease term violations, such as severe property damage or repeat violations.
Step 2: Delivering Termination Notices
Termination notices must be delivered to the tenant in person or by certified mail. If the tenant is absent, the notice can be left or posted at the residence. Landlords must always keep a record of the notice and proof of delivery, which may be handy during court hearings.
Step 3: Filing an Eviction Lawsuit
Before initiating eviction proceedings, the landlord must provide the courts with the necessary documentation, payment receipts, photos and videos of property damage, illegal activities, or lease agreement violations.
The complaint must also include the landlord’s complete information, the property's location or address, the reason for eviction, and the amount of rent owed. It must be filed with the county court and served to the tenant.
A certified copy of the rental agreement and any relevant notices are also crucial to prevent a default judgment - wasting time, money, and effort.
Step 4: Serving the Eviction Complaint and Summons
The tenant must receive the complaint and eviction summons within a specific timeframe. The summons must be served by a process server or the sheriff’s department. Landlords must pay a filing fee and a service fee to the clerk’s office.
The county clerk is responsible for sending these documents to the tenants. Landlords can hire a property manager to handle all the necessary processes and be free from further stress.
Step 5: Getting the Final Judgment and Obtaining a Writ of Possession
Landlords must be prompt on the court date. Florida courts will have the clerk swear you in and take your word of honor. The evidence will be presented, and the court will review the complaint and any response from the tenant.
Further hearings may be scheduled to resolve disputes or if the tenant contests the eviction action. Landlords must provide hard and legitimate evidence to support their claim.
If the landlord wins the case, a writ of possession will be issued. The writ allows the sheriff’s department to remove the tenant from the premises. Landlords must pay a fee for the writ and any additional costs.
Tenant Removal and Property Disposal
The sheriff's department will execute the writ of possession and remove the tenant. After the tenant vacates, a thorough inspection must be conducted to ensure the property’s overall condition. Landlords must be present to take possession of the property. Any personal property left behind must be handled according to state law.
Taking All into Consideration
Landlords must keep accurate records of all correspondence and payments. Failure to maintain records can result in costly delays and wasted efforts.
Landlords should seek professional help if they are unsure of the eviction process. An attorney can provide guidance and support throughout the process. Landlords can also consult a trusted property management company to help ensure the court rules on the landlord’s side.
At Nest Finders, we offer an array of services that will ease your burden as a landlord and help you focus on other important aspects of life, such as your family, investment portfolio, and business ventures. Contact us to consult our experts for free today. We can’t wait to hear from you!
Additional Resources
3 Tips for Efficient Rent Collection for Jacksonville Landlords
Top 3 Reasons for Tenant Criminal Background Checks in Jacksonville, FL
