Hey there, landlords. If you’re reading this, you’re probably facing a tough tenant situation – maybe they’re not paying rent or your property’s become a headache. I’m Ryan S. Shipp, Esquire, co-owner of 954 Eviction Attorneys, PLLC and I’ve worked with teams of landlords across Florida to resolve these issues. Evicting a tenant isn’t fun, but knowing how to evict a tenant in Florida the right way can save you time, money, and stress. Let me walk you through it, step by step.
Step 1: Pinpoint The Reason For Eviction
First, figure out why you’re evicting. Non-payment of rent is the big one I see in my practice. Maybe your tenant’s violating the lease – unauthorized pets, property damage, or disturbing neighbors. Whatever it is, gather evidence like lease agreements, payment records, correspondence, and photos. Our team at 954 Eviction Attorneys always stresses documentation – without it, you’re stuck.
Step 2: Serve The Proper Notice
This is where many landlords stumble. You can’t just tell a tenant to leave; Chapter 83 Part II, of the Florida Statutes, requires a written notice. For non-payment, it’s a three-day notice to pay or vacate (excluding weekends and holidays). Lease violations? A seven-day notice to fix the issue or leave. For month-to-month tenants, give a 30-day notice to end the tenancy. My team’s handled cases where improper notice derailed everything – one landlord forgot to exclude holidays, and the court delayed the case. Serve it via certified mail and U.S. mail (keep copies) or better yet, use a process server to be safe.
Step 3: File The Eviction Lawsuit
If the tenant doesn’t comply, head to county court. File a complaint for eviction, pay the filing fee (around $185, plus summons costs), and have the tenant served. The court schedules a hearing, usually within weeks. Hiring a skilled team like ours at 954 Eviction Attorneys, ensures your paperwork is airtight. I’ve seen tenants try every excuse in court, but solid prep wins the day.
Step 4: The Hearing And Final Steps
If the tenant answer’s the lawsuit and deposits rent into the registry of the Court, you will probably have a final hearing on possession. At the hearing, both sides present their case. If you win, the judge enters a judgment for possession, and the clerk of court issues a writ of possession. Thereafter, the sheriff removes the tenant within days. Sometimes, tenants leave voluntarily post-hearing to avoid an eviction record. If you’re chasing unpaid rent, our team can help you pursue that too, either in the same suit or separately.
Florida’s eviction process has quirks, so make sure you’re prepared and armed with a legal team, like 954 Eviction Attorneys, PLLC. At 954 Eviction Attorneys, we have office based in Broward County and Palm Beach County, but we help landlords reclaim their properties in all of Florida’s 67 Counties, statewide. If you’re feeling overwhelmed, don’t go at it alone. Call the 954 Eviction Attorneys team today @ 954.323.2529 for a no-obligation chat. We’re here to turn your eviction headache into a solution.
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