Looking for how to evict someone in Florida?
You are required to end tenancy prior to filing for an eviction in Florida. You must present your tenant with a notice first. If the tenant fails to comply then you can proceed to the court to begin the eviction procedure. The lawsuit is also termed as an Action for Possession.
You may be wondering: how long does it take to evict someone in Florida? In truth, if an eviction due to non-payment of rent is not contested by the tenant then it could be finished in as little as 2-3 weeks. Otherwise, it could last longer.
Evicting a tenant in Florida can be done for several reasons. Such reasons include:
Here are some things to remember when sending a lease termination notice in Jacksonville, Florida:
Related: Breaking a Lease in Florida
If you and the tenant have no existing written lease or the lease has ended, then you can send a Lease Termination Notice to the tenant. The notice period is dependent upon the time interval of the lease. For example:
Note that if the tenant refuses to leave the premises after the lease has terminated, you can begin the eviction process. Here is what a Florida eviction process timeline may look like.
Florida eviction laws require you to send your tenant the applicable notices before heading to court and filing for an Action of Possession.
The defense may argue why you (the petitioner) shouldn’t win the case. A tenant may claim:
Under Florida Law, you must file a complaint at the applicable County court. The County Sheriff will then serve the Summons and Complaint to the tenant, who will be given 5 days to respond.
If the tenant does not contest the eviction, you may file for a Judgment for Possession.
However, if the tenant decides to contest the eviction, the court will ask them to pay the outstanding rent. If there are disputes to the amount, they can file at the court to determine the correct rent dues.
Should the tenant fail to appear in court, the decision will be made in favor to the landlord.
The Judge may issue a Writ of Possession. Deciding on the eviction may take several days, and so may the issuing of the Writ of Possession. Afterwards, it is the responsibility of the County Sheriff to serve it to your tenant.
The Writ of Possession represents a final notice to the tenant to pack up their belongings and move out. Under Florida Law, they are given 24 hours to do so before the Sheriff arrives at the property.
If the tenant still refuses to leave the premises at this point, the Sheriff will have to forcibly remove them.
This is only a brief outline of how to evict a tenant in Florida.
If you have specific questions, hire the services of a qualified Florida attorney. Alternatively, you can seek help from a knowledgeable property management company.
Contact Innovative Property Solutions at (904) 321-9020 to help you sort out the Florida eviction process legally.
Note that this blog should not be used as a substitute for legal advice from a licensed attorney in Florida. Laws frequently change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.