Gateway Blvd, Boynton Beach, FL 33426 USA. The tenant may allege that youre retaliating against them for exercising any of their rights. A Landlord's Guide to Evicting a Tenant in Florida This response must be in writing and filed within 5 days. Then, you must serve the tenant a proper eviction notice. For example, by removing your tenants personal belongings or locking them out, youd be following an illegal method of eviction. Serve an appropriate eviction notice (e.g., 3-day or 15-day). If the tenant doesnt pay the overdue rent or move out, you can move to court. The renter repeats the same violation within a period of 12 months. The notice can be delivered personally or left with another adult at their residence; sending a copy via certified mail is also recommended. The specific amount of notice to serve depends on the time interval upon which rent is paid. Florida law requires that the eviction lawsuit be filed in the county where the rental property is located. For instances where the eviction is for noncompliance with the rental agreement but a cure is possible or permissible, a 7 Day Eviction Notice is given, also called Notice of Noncompliance, Seven Day Notice to Cure. It must contain what act or omission constitutes the noncompliance and that the lease will be terminated unless the tenant cures the breach within the 7 days. While needing to evict a tenant is never an ideal situation for a landlord, sometimes it is necessary. Alternatively, file a motion for default with the court if the tenant answered the summons, but failed to show up at the court hearing. By gaining comprehensive knowledge on this subject matter, you can protect your rights as a landlord or tenant while navigating potential disputes related to rental properties in Florida. Thus, this process will break down into three main parts: Part 1: Giving Notice to the Tenant Part 2: Filing the Eviction with the Florida Courts Part 3: Actions to Take After the Tenant is Served Landlord files an eviction action with the court. Maintain common areas in a safe and sanitary manner. Once you file it, the court can take up to 3 days to serve it to the tenant as a court date. Landlords need to continue following all applicable laws and regulations during this time to avoid jeopardizing their case and facing penalties. The eviction notice that your tenant is served with must be appropriate for the violation they have committed. In this situation, landlords must provide tenants with a seven-day notice specifying which lease terms have been violated and allowing them to correct them before evicting them. When evicting a tenant, you want to save time and money while eliminating the mental stress that comes with following the wrong path. The eviction process begins with the provision of proper notice to the tenant that demands that the tenant vacate the leased premises within a specific period of time. Legal Reason Do you have a legally justifiable reason to evict your Florida tenant? Eviction Process in Florida (Ultimate Landlord Guide) - South Florida's You can find example letters that are approved by the Florida Supreme Court on the Florida Bar website. This is known as a holdover tenant or tenant at will. Once rent is considered late, the landlord may begin the eviction process in Florida. The Florida Eviction Process - What to Know However, if they do, then the process may take several weeks to conclude. Writ of Possession is the tenants last notice to vacate the premises. If the tenant fails to comply or to leave the property, the landlord needs to file and serve an Eviction Summons and Complaint. A copy of the notice and certificate of service must be produced at the clerks office and the completed complaint form notarized by the court clerk. The landlord files an eviction complaint with the court, Court serves the tenant with Summons and Complaint, Court holds the hearing for the eviction and issues a judgment, Local sheriff provides tenant with Writ of Possession, Sheriff returns possession of the property to the landlord. New College of Florida and Sarasota Classic . The Florida eviction process can seem daunting, but understanding the law will help you protect your rights as a landlord if you do need to evict a renter. Understanding the Florida eviction process is crucial for landlords and tenants to ensure a smooth and legally compliant procedure. For larger or repeated violations, the tenant is not given the option to avoid eviction by fixing the issue. If the tenant is alleging a valid defense to the eviction, he or she must deposit the amount of the rent with the court during the pendency of the case. An eviction is a legal procedure a landlord must follow to remove a tenant from the landlord's property. After being notarized, it's sent to a process server or the county sheriff, who will then serve each tenant. A lease violation allows for a legal eviction. This article was co-authored by Clinton M. Sandvick, JD, PhD. See Florida Lease Termination Notice. However, if the judge sides with the tenant or finds that the landlord did not follow proper eviction procedures, an eviction cannot proceed. Landlords in Florida must follow a specific eviction process to remove tenants from their rental property legally. If you have a fixed-term agreement with a renter (for instance, six months or a year), you must wait until the conclusion of that term to terminate a tenancy without cause. In their response, the, You failed to maintain the property to habitable standards as required by Florida safety and health codes. The following is a step-by-step eviction guide in the state of Florida. A Table of Contents For Eviction in Florida. . The tenant has 5 days to file an answer with the court. The landlord terminates the tenancy by giving the tenant written notice, as required by state law. Should I Rent or Sell My House in South Florida? The strong demand for rental properties in Boca Raton ensures a steady flow of potential tenants. Determine whether to proceed with the process of eviction It is imperative to determine whether there exist any grounds for eviction in the first place. You may also need to pay an additional $10 per tenant for each summons issued. Clinton M. Sandvick worked as a civil litigator in California for over 7 years. To ensure youre always up to date on the current laws, get in touch with a property management company like Ocean Blue Property Management. Electing to evict a tenant without legal grounds can backfire and potentially create a bigger problem in the long run. Disclaimer: This blog is only intended to be informational. If neither action is taken, then the landlord can file a Florida eviction suit. The parties must accumulate applicable documentation and proof supporting their position and offer a lucid viewpoint description. You may wish to look over the Florida Bar's "Rights and Duties of Tenants and Landlords" consumer pamphlet (available online only) before proceeding. A landlord cannot force a renter to move out of their unit; the landlord can only remove a renterafter the landlord wins an eviction lawsuit. Some, but not all, violations give the tenant the option to repair the issue to avoid eviction. Take a deep breath because eviction is a long and messy process. Comprehending the conditions stipulated by state law is essential for landlords and tenants to guarantee that they conform to legitimate techniques during an eviction. Legally justified reasons for tenant eviction in Florida under its, Failure by a tenant to move out after the lease ends, Step #2: Serve the Tenant a Proper Notice. In that case, landlords can file for an eviction hearing at their local county court and obtain a judgment for possession of the property if necessary. You cannot perform a constructive eviction, even if the tenant does not pay rent. Like most evictions in any jurisdiction, a landlord's first step in the Florida eviction process is service of the appropriate written notice. Florida tenants have their own rights once they sign the lease or rental agreement. Any issues should be reported to management@floridapropertyrealty.com, Property Management Websites by Upkeep Media. Understanding the rules when you need to serve an eviction notice under Florida law will help you make sure you do everything correctly so the eviction will stand up in court if necessary. Also, laws change and it might not be updated at the time you read it. 2.Desirable Location and Quality of Life: Boca Raton's prime location in South Florida offers a highly desirable lifestyle that attracts residents and tourists alike. We exist to simplify investment property ownership; allowing property owners to achieve their investment goals! Investment Property Management: Why It's Important and How RentPro Florida Can Help. The eviction had errors. filing a complaint in the county the property is located in. is the tenants last notice to vacate the premises. In this blog post, we'll explore three compelling reasons why investing in rental properties in Boca Raton, in collaboration with a trusted property management company like RentPro FL, can be a smart and advantageous decision. 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