Understanding Florida's Eviction Laws
Non-payment of rent
Violation of the lease agreement terms (e.g., unauthorized pets, subletting, conducting business)
Causing damage to the rental property beyond normal wear and tear
Engaging in illegal activities or creating a nuisance on the premises
Failure to vacate after proper notice at the end of a lease term
For non-payment of rent: 3-day notice to pay rent or vacate
For lease violations: 7-day notice to cure the violation or vacate
At the end of a lease term: Notice period depends on rent payment frequency (7 days for weekly, 30 days for monthly, 60 days for yearly)
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A: No, a landlord cannot evict a tenant immediately in Florida. They must go through the legal process, which includes giving notice, filing a complaint with the county, and usually a court hearing, which can take a few weeks.
A: If rent is not paid by the pre-established deadline, the landlord may give a 3-day notice. If the money is not paid by the three days, the landlord may continue to file for eviction.
A: The exact length of the eviction process varies due to different factors but usually takes around 15 days to 4 weeks.
A: A 5-day summons eviction in Florida means that the tenant has five days to respond with their defenses and/or pay rent. If the tenant does not respond, the landlord will automatically win and there will be no court hearing.
File an Eviction Complaint: The landlord files a summons and complaint with the court, detailing the reason for eviction and the notice provided to the tenant.
Service of Eviction Papers: The tenant is served with the eviction papers, typically by a process server or sheriff’s deputy.
Tenant’s Response: The tenant has 5 days to respond to the eviction complaint in writing, either by contesting or agreeing to vacate the premises.
Court Hearing (if contested): If the tenant contests the eviction, a hearing will be scheduled where both parties can present their case before a judge.
Judgment and Writ of Possession: If the judge rules in favor of the landlord, a writ of possession is issued, giving the tenant 24 hours to vacate the property.
Removal by Sheriff: If the tenant does not vacate within 24 hours, the sheriff’s office can legally remove the tenant and their belongings from the rental property.
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