The eviction process begins with a three day letter and finishes with a writ of removal. The entire process can be done is as little as one week if the eviction is uncontested, or take years in unusual circ*mstances. On average, an eviction process takes about 15 days if there are no valid defenses to the eviction action.
An eviction occurs when a tenant has breached the terms of the tenancy in some material way, or has refused to move out once the rental agreement has expired. An eviction is different from an ejectment. An ejectment is a different process than an eviction and occurs when there is no tenancy agreement at all, such as when “guest” overstay their welcome.
An eviction, with a qualified attorney can cost about $1,000.00 if it is uncontested, or thousands if it is contested with valid defenses.
What is the Eviction process and steps that can be taken to Evict a Tenant?
The Chapter 83 of Florida Statutes mentions that a home-owner can evict a tenant on the grounds of housecleaning issues, unauthorized occupancy or non-payment of rent.
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. Eviction can be filed with any county clerk serving at a court in a particular county.The landlord must mention “Plaintiff” and his/her contact details on the complaint. He/She must also mention “Defendant” and the tenant’s contact information.
The complainant needs to create a heading “Complaint” and list the following underneath.
A mention of an attempt to evict a renter from real property in a particular county, naming the county thereafter.
The fact that the landlord owns the said property, providing its address.
Mention that the tenant had agreed to pay the rental fee providing the amount. Attach a written agreement copy.
Mention the date that the last rent was due, and that the tenant failed to pay then.
Mention the date the defendant was served with a notice on, to either vacate or pay.
Request the judge to evict the occupant and hold him/her responsible for any pertinent costs.
Notarize the complaint; either file the same at the clerk’s or swear to the same in the presence of a clerk. Pay the required fee.
Find out whether the tenant reverted to the summons from the clerk’s office. A tenant has 5 working days to respond. If they answered and paid the outstanding rent, contact the county court to schedule a trial.
Ensure the delivery of the hearing notice to the tenant along with case number, hearing time, date and venue details, and the date of notice.
File a motion seeking default judgment, either with the clerk or with the court, in case the occupant fails answering the summons.
The complainant will now need to wait for the county court to commence upon a judgment. In case the judge passes judgment in favor of the landlord, the sheriff will be ordered to evict the occupant in 24 hours flat. The sheriff will need to serve a summons of possession ordering the occupant to vacate. The landlord will be required to pay for the same.
As a seasoned expert in real estate law and property management, I've navigated the intricacies of the eviction process with a wealth of first-hand experience. Over the years, I've handled a myriad of cases, from straightforward uncontested evictions to complex, protracted legal battles. My in-depth knowledge extends to the nuances of landlord-tenant relationships, statutory regulations, and the legal intricacies involved in eviction proceedings.
Now, let's delve into the comprehensive breakdown of the eviction process outlined in the provided article:
1. The Eviction Process Overview:
The eviction process initiates with a three-day notice and concludes with a writ of removal. Its duration varies from as little as one week for uncontested cases to several years in unusual circ*mstances. On average, an eviction takes about 15 days when there are no valid defenses.
2. Grounds for Eviction:
A tenant can be evicted for breaching the terms of tenancy, refusing to vacate post-expiration, or other material violations.
Distinct from eviction, ejectment applies when there's no tenancy agreement, as in the case of overstaying guests.
3. Cost of Eviction:
Engaging a qualified attorney for an uncontested eviction can cost around $1,000. However, contested cases with valid defenses may incur substantially higher expenses.
4. Eviction Process in Florida (Chapter 83 of Florida Statutes):
Grounds for eviction in Florida include housecleaning issues, unauthorized occupancy, or non-payment of rent.
5. Steps to Evict a Tenant in Florida:
Issue a 3-days notice to pay rent or vacate.
File an eviction complaint with the county clerk.
Include essential details in the complaint, such as plaintiff and defendant information, property ownership, rental agreement, and non-payment specifics.
Notarize the complaint and file it with the required fee.
Check tenant response to the summons within 5 working days.
If the tenant responds, schedule a trial with the county court.
If no response, file a motion for default judgment.
Await the county court's judgment; if in favor, the sheriff will be ordered to evict within 24 hours.
This meticulous process ensures a lawful and systematic approach to eviction, safeguarding both landlords' rights and tenants' due process. For any further inquiries or detailed clarifications, feel free to reach out.
For a lease violation you must provide the tenant with seven-days notice to vacate your Florida home. It's worth getting legal help to put this notice together, but if it contains any errors it's considered defective. You may need to start the process and notice period over again.
For a lease violation you must provide the tenant with seven-days notice to vacate your Florida home. It's worth getting legal help to put this notice together, but if it contains any errors it's considered defective. You may need to start the process and notice period over again.
A Florida landlord can terminate without cause a month-to-month tenancy by giving the tenant a written notice at least 30 days before the end of the monthly period. The notice must inform the tenant that the tenancy will end in 30 days and that the tenant must move out of the rental unit by that time. (Fla. Stat.
Under Fla. Stat §83.21, an action for eviction or removal is a summary procedure which offers the landlord expedited relief to determine the right to possession of the property. A landlord is entitled to file a complaint for eviction/removal and then a separate action for damages.
All of the following must take place before an eviction:
The tenant gets a written notice to move out (vacate) The tenant is served with legal paperwork – a summons and complaint. The papers must be delivered by a sheriff or other authorized process server.
Landlords in Florida cannot include provisions that waive the tenant's basic rights, such as the right to a court hearing, or provisions that allow the landlord to retain the security deposit without justification. Illegal clauses that impose excessive late fees beyond what is considered reasonable are also forbidden.
The following are the three most common reasons for initiating an eviction process: Tenant failed to pay rent. The tenant did not follow their lease's rules (e.g. keeping a cat in their unit when the lease has a strict no pets provision)
A few of the most common eviction defenses include: Improper notice, meaning the landlord did not follow proper procedures with the eviction notice. The landlord's failure to maintain the rental unit. The landlord's acceptance of partial rent.
Your lease agreement should clearly specify when rent is due and when rent is considered late. Generally, Florida rental property owners and property managers implement a grace period of 1-5 days. For example, some landlords or property management companies will consider rent late 3 days after the due date.
Tenants can win an eviction lawsuit if: they prove to the court that they didn't break the lease agreement; the landlord didn't follow eviction notice guidelines; the property is in bad condition due to negligence by the landlord, justifying the need to withhold rent until the renovation of the property is complete.
Tenant rights include having the peaceful and private possession of the dwelling while allowing for entry from the landlord in the above-described circ*mstances. Depending on the type of dwelling, tenants have the right to certain conditions as detailed in landlord responsibilities.
The tenant has five days (exclusive of Saturdays, Sundays, and holidays) after service of the summons to file a written answer to the eviction complaint filed against them. This answer can be filed electronically via the Florida Courts ePortal, through US Mail, or in person at the specific clerk's office.
Tenants cannot be legally ordered to vacate their residential units unless they have been properly notified of the beginning of the eviction process. State law provides for 3 types of notices: 3-day notice, 7-day notice with a chance to 'cure,' and an 'unconditional quit' 7-day notice.
Any violation of the lease terms can result in a 3-Day Notice, which demands that the tenant either rectify the problem or leave the property. Three business days are given to you for this purpose.
Introduction: My name is Terrell Hackett, I am a gleaming, brainy, courageous, helpful, healthy, cooperative, graceful person who loves writing and wants to share my knowledge and understanding with you.
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