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Evictions

Evictions in Florida: Lawful Procedures for Landlords & Tenants

Evictions are a frequent challenge in Florida’s bustling rental market. When a tenant fails to pay rent or breaches the lease agreement, a landlord may pursue eviction to regain possession of the property. Conversely, tenants facing eviction often feel overwhelmed by strict legal deadlines and potential homelessness. Understanding the legal framework for evictions is crucial—both for landlords seeking to protect their investment and for tenants seeking to protect their rights.

Florida’s Eviction Framework

Under Chapter 83 of the Florida Statutes (the “Landlord and Tenant Act”), evictions must follow specific procedures:

✅ Notice Requirements

  • 3-Day Notice (Non-Payment): In Florida, if a tenant fails to pay rent, the landlord must provide a written 3-day notice to cure or vacate.
  • 7-Day Notice (Non-Compliance): For violations like pet restrictions or unauthorized occupants, a landlord issues a 7-day notice to correct the issue or face eviction.

✅Filing the Eviction Complaint

  • If the tenant doesn’t comply with the notice, the landlord files an eviction complaint in county court, outlining the breach.

✅ Tenant’s Response

  • Tenants have 5 days (excluding weekends and court holidays) from the date of service to respond in writing. Failure to respond can result in a default judgment.

✅ Court Hearing & Judgment

  • If the tenant contests the eviction, the case may proceed to a hearing. If the landlord prevails, the court issues a Final Judgment of Eviction.

✅ Writ of Possession

  • The court will authorize a writ of possession, and the sheriff’s office will post a 24-hour notice before removing the tenant if they haven’t vacated.

Common Grounds for Eviction

✅Non-Payment of Rent

  • The most common reason for eviction. Landlords must carefully follow the statutory notice requirements.

✅Lease Violations

  • Unauthorized pets, property damage, illegal activities, or subletting can all constitute breaches.

✅ Holdover Tenants

  • When a tenant remains on the property after the lease term ends without permission.

✅ Non-Compliance with Building or HOA Rules

  • If the lease incorporates these rules, violating them may be grounds for eviction.

Tenant Defenses

Tenants can contest an eviction if:

  • Improper Notice: The landlord did not use the correct notice or timeframe.
  • Retaliatory Eviction: The eviction was filed because the tenant reported housing code violations or pursued legal rights.
  • Acceptance of Partial Rent: Under certain circumstances, accepting partial rent payments can reset the eviction process.
  • Lease Ambiguities: The landlord’s claim may lack clarity or conflict with lease terms.

How Smith Cors Law Assists

✅Landlord Representation

  • We draft compliant notices, file complaints, and guide landlords through the court system to regain possession lawfully.
  • We address potential disputes over security deposits, damages, and unpaid rent.

✅ Settlement & Mediation

  • We explore out-of-court solutions, like repayment plans or “cash for keys,” which may benefit both parties by saving time and court costs.

Best Practices to Avoid Eviction Disputes

  • Clear, Detailed Leases: Properly drafted leases reduce ambiguity regarding rent, pet policies, or property use.
  •  Prompt Communication: Addressing rent defaults or violations early can facilitate an amicable resolution.
  • Documentation: Keep copies of notices, rent receipts, and relevant communications to build a strong case if eviction becomes inevitable.

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Landlord’s Move Forward with Confidence

Evictions can be stressful for landlords, but following Florida’s strict legal process fosters fair outcomes and preserves the rights of each party. At Smith Cors Law, our attorneys blend legal acumen with practical dispute resolution skills, guiding Landlord’s through every stage of the eviction process.

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