The Eviction Process in Florida
by Myrnabelle Roche, Esq.

A landlord can not 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.)

Good luck!


Florida Statutes Chapter 83 Part I- Residential Tenancies 
Florida Statutes Chapter 83 Part II- Non-Residential Tenancies 
 

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* currently available only in Broward County, Miami-Dade County and Palm Beach County.  $499 flat fee does not include court costs, fees associated with the execution of the Writ of Possession or any work associated with the collection of a monetary judgment. If the Tenant constests the eviction or files a counterclaim, additional attorney fees and costs will apply.

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Reilly Roche LLP
Attorneys at Law
1350 Northeast 56th Street
Suite 140
Fort Lauderdale, FL 33334
Tel: (954) 229-1008

LANDLORD TENANT FORMS

-Notice of Entry (Florida Law requires a minimum of 12 hrs notice)(MS Word)

-Residential: 3-Days Notice of NonPayment
(MS Word)

-Residential- Seven Days Notice of Non-Compliance (MS Word)

-Claim on Security Deposit - Residential (must be served within 30 days via certified mail to the tenant's last known mailing address)(MS Word)

-Commercial Three Days Notice for NonPayment
(MS Word)

-Commercial Fifteen Days Notice for Non-Compliance(MS Word)

 


  The materials on this web site have been prepared by Reilly Roche, LLP for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet users and on-line readers should not act upon this information without seeking professional counsel.