+(57) 305-200-9565
properhomesusa.com

 The eviction process in Florida can happen for various reasons. Sometimes it is necessary for a landlord to enforce his right as a landlord under the laws and statutes of the state of Florida.

Chapter 83 of the Florida Statutes must be fully followed for this process.

This process should not be done in a forced way by calling and threatening the tenant, disconnecting public services and other acts like these are illegal.

Florida statutes give you the guidelines for an eviction process.

In this blog, we will be talking about the steps to follow for the proper eviction process governed by law.

 The evictions process in Florida can happen for various reasons

Sometimes it is necessary for a landlord to enforce his right as a landlord under the laws and statutes of the state of Florida.

Chapter 83 of the Florida Statutes must be fully followed for this process.

This process should not be done in a forced way by calling and threatening the tenant, disconnecting public services and other acts like these are illegal.

Florida statutes give you the guidelines for an eviction process.

In this blog, we will be talking about the steps to follow for the proper eviction process governed by law.

1. Decide to proceed with the eviction process

The landlord must have just cause and valid reasons to evict a tenant. In Florida, a tenant can be evicted if he fails to comply with one of the following violations:

Failure to comply with any of the clauses of the contract

Not pay the rent

Not comply with Local, Federal, and State laws

Violation of any law or clause of the contract of the homeowner association

The landlord must have just cause and valid reasons to evict a tenant. In Florida, a tenant can be evicted if he fails to comply with one of the following violations:

Failure to comply with any of the clauses of the contract

Not pay the rent

Not comply with Local, Federal, and State laws

2. Landlords must be sure not to violate any term or clause of the contract

If the eviction process in Florida goes to court, keep in mind that the tenant has the opportunity for the judge to listen to him, therefore you must be sure that there is no clause or violation in the terms of the contract. Be sure to comply with the following terms or laws:

Make the necessary repairs

Keep the common areas if it is the case in a habitable way

Follow all safety, health, and zoning laws

3. Sent eviction notification to the tenant

If you have any reason to proceed with the eviction process in Florida, you must let the tenant know by sending him a letter reminding him of the terms of the contract. Let him know that you have every right to evict him due to the breach of the contract.

Be sure to send the certified notice so it can be presented as evidence and support for the eviction process.

4. Notices of termination for different causes

3-day Notice

The 3-day notice letter must be given to the tenant in case of non-payment of rent or delay in rent payment. The note must include specific information in order to be effective.

This should not include the day it is delivered; it should not include holidays or weekdays. Once the 3 days have passed, the landlord is fully entitled to proceed with the eviction process or lawsuit.

To evict a tenant, the correct and appropriate form must be selected according to the violation. In Florida, there are a wide variety of letters depending on the reason for the termination of the contract.

Selecting the correct letter can be the key to success in the eviction process. If the non-compliance is about non-payment of rent, the 3-day advance letter would be appropriate

7-day Notice

This notice is to be used if the tenant is not complying with a specific term of the rental agreement. The purpose of the notice is to inform the tenant that he has 7 days to remedy or comply with the clause, otherwise, the agreement will be terminated. The Florida statutes give the right to the Landlord to proceed with the eviction process if the violation is not fixed after the seventh day.

Unconditional 7-day Notice

Unconditional 7-day notice, allows the landlord to void the rental agreement at the end of the 7 days. Contrary to the 7-day notice, this does not give the tenant time to remedy the violation. This notice is served to the tenant when there is evidence of destruction of the property, public disorder, repetition of the violation within 1 year

15 Day Notice

Tenants in Florida who have a month-to-month rental agreement. 15 days’ notice must be given to them 15 days prior to the rent due date. The city of Miami Beach has a different requirement and instead of 15 days, the notice must be served 30 days before. This notification must also be given in the event that the contract from the landlord to the tenant does not have a duration date.

5. Serve eviction notice to the renter

Some leases contain information or rules on how to serve notice in the event of an eviction, while others do not. Therefore, this shows that there are several ways to send the notification to the client, which we detail below.

1. Delivering it personally to the tenant is one of the fastest and most common ways.

2. Post the note on the door

3. Sending it certified or signed mail is the safest and you have official proof of the fact which will serve as reliable proof in the process before the court if necessary. The person who serves or delivers the notice must indicate the manner or method used for its safe delivery.

6. Serve Notice to tenant

Some leases contain information or rules on how to serve notice in the event of an eviction, while others do not. Therefore, this shows that there are several ways to send the notification to the client, when the eviction process in Florida happened, which we detail below.

  1. Delivery personally to the tenant is one of the fastest and most common ways
  2. Post the note on the door.
  3. Sending it certified or signed mail is the safety and you have official proof of the fact which will serve as reliable proof in the process before the court if necessary. The person who serves or delivers the notice must indicate the manner or methods used for its safe delivery.

If the tenant has not remedied or corrected the violations noted, Florida law allows the landlord to file a lawsuit for eviction in court, this lawsuit begins the first day after the notice is delivered. Holidays and weekends are not included

7. File the completed eviction package with the court

The costs of the eviction process are not always the same. It depends on the city or county. In some counties, the cost of the complete package with the proper forms ranges from $5 to $10. Processing fees in some counties start at $185.00 It should be noted that the court does not assist in the eviction process.

The forms they sell are exclusively for people who have not paid rent. If you are filing another type of eviction, it is recommended that you get an attorney. The court does not provide any assistance in preparing the eviction package that they sell.

Package Forms Eviction process includes:

Civil cover sheet One original

Notice from Landlord to tenant 3 days notice One original and 3 Copies

Complain for removal of Tenant One original and 2 copies

5 days Summon one Original and 2 copies

envelopes with stamps addressed to the defendant

$185.00 filling fee and $ 10.00 per summons for the issuance check made payable to the clerk of court, cash or visa or master card are permitted

$40.00 sheriff fee for each service of the 5-day summons. Cash, check or money orders are accepted. Checks must be from Miami Dade Bank institution and they must have your name and address printed on them.

The landlord must attach a copy of the rental agreement, postal receipts, and copies of documents delivered signed and received by the tenant to present to hear.

8. Default Package

The second step after filing the eviction process in Florida court is to file a new package of forms after 10 days the tenant of the defendant does not file or respond and this process is called the default package which is included in the original package of court and includes the following forms.

There will be an additional charge of $ 115.00 to serve the writ of possession, a check or money order must be issued payable to the Miami Dade county sheriff. Checks must be from Miami Dade county institution and must include Landlord’s Name and Address printed.

The affidavit must be notarized or also you can have this service performed by the clerk by appearing in person with a valid photo ID and paying a service fee of $3.50

All mentioned papers will be submitted to the judge for entry final judgment, signed the write of possession is issued by the clerk and delivered to the sheriff

  • Affidavit of costs, nonpayment of rent, nonmilitary affidavit, motion for default, and default. Original and notarized forms are required
  • Final judgment for removal of tenant. Original and two copies are required
  • Write of Possession. Original and two copies are required
  • One addressed to you and one for the tenant. Two stamped envelopes are required.

In some cases, the tenant will fight to avoid eviction, which will lengthen the amount of time in the lawsuit process. During the process, the tenant must deposit the rent owed in court. To avoid an eviction cancellation the landlord must comply with the rules and regulations that control or govern the maintenance of a rental property

Florida statutes 83.56 the tenant can allegation defense of waiver a lawsuit eviction

Under Florida Statute 83.60 Tenant can allegation defense of non-material compliance “I don’t have money now to pay rent”

Under Florida Statutes chapter 83 The tenant uses some defenses to void an eviction process in Florida. In Florida succeed many illegal residential evictions process click here to see some

9. Renter removal

If you are lucky and the court decides in your favor. The judge orders the eviction to the sheriff and it must happen within 24 hours of the order, but the law requires t the landlord to give 10 days to the tenant to vacate the property otherwise the order will take place and only 24 hours will be enforced. Click here to see in the next blog how much cost eviction processing in Florida

Properhomesusa
Author: Properhomesusa

This is a test