EVICTIONS
DISCLAIMER~this post is not a Legal Mindset. This is information anyone should know about when faced with Eviction.
Steps of the eviction process in Florida:
- Notice is posted to “cure” the issue or vacate.
- If uncured & tenant remains, complaint is filed.
- Summons & Complaint is served.
- If uncontested, motion is filed to obtain judgment.
- If granted, writ of possession is posted.
- Possession of property is returned to landlord.
LINK USED FOR THIS POST
Florida Eviction Process Timeline
Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in Florida. It does not account for the additional legal steps if the eviction is contested by the tenant.
Additionally, some time estimates may not account for a high degree of variability or days when public officials aren’t working (such as weekends or legal holidays).
- Initial Notice Period – between 3 to 15 days, depending on the reason and notice type.
- Issuing and Posting of Summons and Complaint – ~4-5 days.
- Tenant Response Period – 5 business days.
- Court Ruling on the Eviction and Posting of Writ of Possession – ~5 days.
- Return of Possession – at least 24 hours.
Florida Eviction Notice Forms
- Eviction Notice for Nonpayment of Rent – 3-Day Notice to Pay or Quit (.pdf direct link).
- Eviction Notice for Violation of Lease Agreement – 7-Day Notice to Comply or Quit (.pdf direct link).
- Lease Termination Notice for “At-Will” Tenants – 7/15/30/60-Day Notice to Vacate (.pdf direct link).
- Eviction Notice for Foreclosure – 30-Day Notice to Quit (.pdf direct link).
ALWAYS REMEMBER
Information Required for All Florida Notices
Under Florida law, eviction notices must use very specific wording based on the type of eviction.
While some information is similar across each notice, because the wording required by Florida statutes is so specific, each notice’s content requirements will be addressed in the section for that notice.
In addition to including the legally required wording for each notice, it may also be a good idea to ensure that the notice includes the name and contact information of the person being evicted, just to be sure the correct person receives the notice.
The landlord will also want to get the tenant’s signature confirming that they received the eviction notice, if the notice was hand-delivered.
In addition, the landlord should keep the receipt number if the notice was delivered by certified/registered mail.
In Florida, landlords can deliver an eviction notice by any of the following methods :
- Giving it to the tenant in person
- Mailing the notice to the tenant
- Leaving the notice at the rental unit THIS ONE IS THE MOST COMMONLY USED~ AND TO EASY TO BE DISGARDED or LOST
*Note that using certified mail is not required under Florida law.,
For additional questions about the eviction process in Florida, please refer to the official state legislature, Fla. Stat. Ann. §§ 83.56–83.57 & 715.10-715.111, for more information.
next post will talk How to Fight an Eviction, check back. Click on this link to see a video about emotions from Evictions