THE PROCESS
TYPICAL EVICTION PROCEDURE
A landlord cannot proceed with removing a tenant without first obtaining a Judgment for Possession from the court. Landlords must strictly follow Florida's rules and procedures for eviction. It is illegal to change locks or to remove the tenant's property from the premises without first obtaining a Judgment for Possession.
Before you file suit to evict, you must first serve the tenant with adequate notice. The notice must follow the statutory form and must be served in person by the landlord, landlord's agent, deputy sheriff, or a Florida licensed process server. It can also be sent via Certified Mail Return Receipt or Overnight Mail. Regardless of how you serve the notice, retain proof of service.
RESIDENTIAL PROPERTY
Failure to Pay Rent:
Three Days Notice - Upon service, the tenant has three days (excluding Saturday, Sunday & legal holidays) to make full payment or vacate the premises. If payment is made in full, you may not proceed with eviction proceedings.
Failure to Comply with the Lease Agreement:
Seven Days Notice for Non-Compliance - Upon service, the tenant has seven days to cure the non-compliance or vacate the premises. If the tenant cures the non-compliance, you may not proceed with eviction proceedings.
NON-RESIDENTIAL PROPERTY
Failure to Pay Rent:
Three Days Notice - Upon service, the tenant has three days (excluding Saturday, Sunday & legal holidays) to make full payment or vacate the premises. If payment is made in full, you may not proceed with eviction proceedings.
Failure to Comply with the Lease Agreement:
Fifteen Days Notice for Non-Compliance - Upon service, the tenant has fifteen days to cure the non-compliance or vacate the premises. If the tenant cures the non-compliance, you may not proceed with eviction proceedings.
If the tenant fails to cure within the time specified, the landlord may proceed with the eviction process by filing an Eviction Complaint in the court of the county where the premises are situated. The Complaint must be accompanied by an Eviction Summons.
The Complaint & Summons must be served by the Sheriff's Office or by an authorized process server. The tenant will be afforded a chance to answer and defend the complaint. The court will hear the case and issue an Order/Judgment. If the landlord wins, the landlord must take the judgment and a Writ of Possession to the Sheriff's Office for enforcement. (The Sheriff's Office may require additional cost and fees for enforcing the Judgment. You can recover these from the tenant in addition to past due rent.)