If you are a landlord in Florida, the eviction process can be complicated to understand if you
have never evicted a tenant before. However, there are certain steps you must take to remove
someone from your rental property against their will. Read on to learn about what constitutes
an eviction, what the process is for evicting a tenant, and how much it will cost.
What Constitutes an Eviction in Florida?
You are unable to evict a tenant without probable cause. Here are the three main reasons why
you would evict a tenant:
– Not paying rent
– End of lease/No lease
– Violation of lease
If the tenant is not paying rent on time in Florida, you must give a three-day notice for them to
pay rent or leave the premises. The eviction process can start when the tenant does not take
either of these actions after three days. When the lease is coming to an end, you can terminate
the tenant’s lease when given a 15-day notice. The eviction process can start after 15 days if the
tenant has not left. If the tenant is being evicted for violating the lease agreement, you must
give a seven-day notice before going to court.
What Happens Next?
If the tenant has not taken the corrective actions by the time the notice period ends, you can
file a complaint to your local county’s court. After the complaint has been notarized, the
summons and complaint will be served to each tenant by the process server or local sheriff.
To file the eviction suit in Florida, you will need copies of the notices, complaint, and lease
agreement. Documentation could vary depending on the number of tenants or what claims you
are making. The tenant can contest the eviction suit, but the process of eviction continues if
they do not.
Then, you will appear in front of a court to get a judgment for possession. When the judge
rules in your favor, a Writ of Possession will be issued to the tenant. It may take several days for
the Writ of Possession to be ruled on and served to the tenant. After the tenant is served the
Writ of Possession, they have 24 hours to leave the property before being forcibly moved out.
When the tenant has left the property or forcibly removed from it, your property now belongs
to you again.
How Much Does Evicting a Tenant Cost?
The duration of the Florida eviction process could be two or three weeks, and it may take
longer depending on the reason for eviction, when the courts are in session, and other reasons.
The eviction process costs about $185 when you are suing for past-due rent. This cost can be
$300-$400 if you are suing for damages to the property. It may cost more if the tenant decides
to contest any of the reasons for eviction during this process.
When managing your property, dealing with evictions can be a hassle and time-consuming if
you have other properties to manage. Resolute Property Management is here to help you
manage your Ocala properties efficiently and not worry about dealing with tenant issues.
