Evictions can be a necessary but challenging part of property management in Florida. As a landlord, understanding the legal eviction process is crucial to protecting your investment while avoiding costly mistakes. This guide provides an overview of Florida’s eviction laws, the steps involved, and common pitfalls to avoid.
Understanding Florida Eviction Laws
Florida law strictly regulates the eviction process under Chapter 83 of the Florida Statutes (the Florida Residential Landlord and Tenant Act). Landlords must follow proper legal procedures to remove a tenant; failure to do so can result in delays, penalties, or even tenant claims against the landlord.
Legal Reasons for Eviction
A landlord may evict a tenant for several reasons, including:
- Non-payment of rent (most common reason)
- Violation of lease terms (such as unauthorized pets, subletting, or property damage)
- Holding over after lease expiration
- Illegal activity on the property
The Florida Eviction Process
1. Serving the Proper Notice
Before filing an eviction lawsuit, landlords must provide tenants with a legally required notice:
- 3-Day Notice to Pay or Vacate – For non-payment of rent.
- 7-Day Notice to Cure – For lease violations (e.g., unauthorized occupants, failure to maintain the unit).
- 7-Day Unconditional Notice to Vacate – For severe violations that cannot be cured (e.g., destruction of property, illegal activity).
- 15-Day Notice to Vacate – For month-to-month tenancies (statewide requirement under Florida law).
- Important: In Broward County, a municipal ordinance now requires landlords to provide a 60-day notice instead of the standard 15-day notice to terminate a month-to-month tenancy. Landlords in Broward must comply with this extended notice requirement before initiating an eviction.
2. Filing an Eviction Lawsuit (Unlawful Detainer)
If the tenant fails to comply with the notice, the next step is filing an Eviction Complaint with the local county court. The tenant will be served with a summons and has five days to respond.
3. Court Proceedings & Judgment
- If the tenant does not respond, the landlord can request a default judgment for eviction.
- If the tenant contests the eviction, a hearing will be scheduled.
- If the landlord proves their case, the court issues a Final Judgment for Possession.
4. Writ of Possession & Tenant Removal
After obtaining the final judgment, the landlord can request a Writ of Possession, which authorizes the sheriff to remove the tenant. The sheriff posts a 24-hour notice, after which the tenant must vacate or be forcibly removed.
Common Pitfalls to Avoid
🚫 Illegal Evictions (Self-Help Evictions)
Florida law strictly prohibits landlords from:
- Changing locks without a court order
- Shutting off utilities to force a tenant out
- Removing a tenant’s belongings without legal authorization
Engaging in self-help evictions can result in significant penalties, including liability for damages and attorney’s fees.
🏛 Not Following Proper Notice Procedures
Failure to serve the correct eviction notice (or serving it improperly) can delay the process. Notices should be delivered in person, via mail, or posted on the premises (if the tenant is absent).
- Landlords in Broward County should ensure they provide the required 60-day notice for month-to-month terminations to avoid legal disputes.
⚖ Ignoring Tenant Defenses
Tenants may defend against eviction by claiming:
- The landlord failed to maintain the property (habitability defense).
- The eviction is retaliatory or discriminatory.
- The notice was defective or improperly served.
Landlords should ensure that their lease agreements are clear and legally sound to minimize disputes.
Final Thoughts: Handling Evictions the Right Way
Evictions can be time-consuming and costly if not handled correctly. Landlords should always:
✔ Follow Florida’s legal procedures.
✔ Use clear, well-drafted lease agreements to avoid disputes.
✔ Stay up to date with local ordinances, such as Broward County’s 60-day notice rule for month-to-month terminations.
✔ Seek legal counsel for contested evictions or complex cases.
If you need assistance with an eviction, contact our firm for guidance on protecting your rights as a landlord while ensuring compliance with Florida law.