Failure of the tenant to comply with this notice will result in further legal action by the landlord. Before proceeding to court, landlords in Florida must file for an eviction hearing to present their argument before a judge and pursue legal remedies. Under Florida landlord-tenant laws, you have a right to evict your tenant. This may include calling witnesses or presenting physical evidence, such as photographs or documents proving property damage caused by tenants, if applicable. In such a case, you cannot try to evict the tenant for failure to pay rent as you necessitated that. A Florida landlord can evict a renter for failing to pay on time. "Very clear steps, sample letter and video. Florida, just like other states, has an elaborate and detailed eviction process that a property manager can assist you with. Tenants who desire to challenge an eviction can seek a court hearing to present their argument before a judicial authority. For larger or repeated violations, the tenant is not given the option to avoid eviction by fixing the issue. If you live in a private home with no written lease agreement stating grounds for eviction, you can be evicted for any reason at all so long as it is not discrimination based on sex, race, creed, color, national origin, age, handicap, marital status, HIV status, or children. -Updated Aug-4-2021. Pay the required fee. When evicting a tenant, you want to save time and money while eliminating the mental stress that comes with following the wrong path. However, this timeline may be extended due to COVID-19-related moratoriums and backlogs. Generally, it takes about 2-4 weeks from serving the notice to receiving a final judgment. The written notice gives the tenant the option to either pay all the due rent or move out within 3 days. Take advantage of Boca Raton's thriving real estate market and the expertise of RentPro FL to embark on a successful rental property investment journey. We hope this post was helpful and informative! Additionally, well explore how to file for an eviction hearing in court and what transpires during such hearings. If the tenant remains on the property after the notice period, the landlord may then file an eviction lawsuit in the court of the proper county. Disclaimer: This information is not in any way a substitute for professional legal advice. The city's pleasant year-round climate, picturesque scenery, and access to top-rated schools, universities, and healthcare facilities make it an ideal place to live. Landlords can also begin eviction proceedings if a tenant engages in illegal activities on the rental property, such as drug trafficking or other criminal offenses. Step #1: Have a Valid Reason to Evict the Tenant, You cant start the eviction process on a tenant simply because you no longer like them. To issue an eviction notice in Florida, landlords must include the tenants names, the rental propertys address, a description of a breach in the lease agreement (if any), the sum due (where relevant), and instructions on how to fix it. The steps in the Florida eviction process are: Typically, an eviction in Florida can take about 2 to 3 weeks, depending on the reason and if the tenant contests the eviction. This article has been viewed 381,815 times. LegalScoops Copyright 2023.Disclaimer: Information on this site may be considered attorney advertising under your states laws and ethical rules. If granted possession by the judge, obtain a writ of possession from the clerks office. Realizing when a landlord can lawfully start an eviction is critical to safeguard oneself from illegitimate activities. This type of notice gives you the right to terminate a tenancy following a period of seven days, proceeding with an eviction without giving a renter time to fix a violation. What happens when the tenant doesn't have a lease? Once you have an approved notice of eviction, youll need to serve it to the tenant on the property. For weekly agreements, you must serve them with a 7-Day Notice to Quit. Tenant is given written notice to move out/correct the violation. Rent Pro. In month-to-month tenancies without cause, landlords should provide either a 15-day (for residential) or 30-day (for commercial) written termination notice. After receiving an eviction notice in Florida, tenants have a specific amount of time to respond or remedy the situation, depending on the type of notice given. Failure to comply with these rules can result in serious consequences. The full names of all tenants listed on the rental agreement; A clear description of how they violated their lease agreement; The amount owed (if applicable), including any late fees; Instructions on how they can remedy their violation within a specified time frame; and. Review the lease agreement in order to determine and understand what is required of you under the lease. . If you own a rental property in Tampa, Florida, knowing your rights and responsibilities in the case of eviction is important. Always consult with your doctor before stopping any medication. When it comes to real estate investment, Boca Raton stands out as an attractive location with its thriving market and desirable lifestyle. Examples of noncompliance might mean having unauthorized persons or pets living on the property, the tenant is accumulating trash or otherwise not keeping the premises in a healthy condition, or operating an unauthorized business. You can only use this kind of notice according to eviction rules in Florida if: You can terminate a lease without a cause or the fault of the renter if the tenancy is month-to-month or for a fixed term. The following is a step-by-step eviction guide in the state of Florida. In Florida, a landlord can evict a tenant for a variety of reasons, but the landlord must terminate the tenancy first. So, before filing the eviction lawsuit against your tenant, make sure the tenant has nothing they can use against you. A Guide to Florida's Eviction Process ByZumperJanuary 27, 2021 FLORIDA iStock.com/Veronaa Florida law gives landlords the right to start an eviction process for various reasons. Include your email address to get a message when this question is answered. Landlords in Florida can initiate eviction proceedings under specific circumstances such as non-payment of rent, lease violation, expiration of the lease term, and illegal activity. Free Download The Landlord's Guide to Evictions In some cases, tenants may even be awarded monetary damages if it is determined that landlords acted improperly during any part of Floridas eviction process. By gaining comprehensive knowledge on this subject matter, you can protect your rights as a landlord or tenant while navigating potential disputes related to rental properties in Florida. Lastly, well examine the consequences of not adhering to the proper Florida eviction process guidelines. Legally justified reasons for tenant eviction in Florida under its landlord-tenant law include: For example, the notice must be served on April 15 if the landlord wants the tenant to vacate by May 1. An eviction is a legal procedure a landlord must follow to remove a tenant from the landlord's property. The CDC Eviction Moratorium expired on August 26th, 2023; some rental assistance programs might still protect eligible tenants facing hardships. Once the writ is served or conspicuously posted on the property, the tenant has 24-hours to vacate. You can't simply evict your tenant because you no longer like them. 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