Florida Eviction FAQ
When may filing an eviction be necessary?
You may file an eviction if a tenant refuses to vacate the premises after the service of a proper statutory termination notice, which is determined by the law and the lease. Notices vary depending upon the reason for the termination, such as nonpayment of rent, statutory or contractual violations.
What can I do if a tenant has not paid rent?
The tenant must be served with a proper Notice to Pay or Vacate demanding that the rent be paid or the tenant surrender possession of the premises, which notice must comply with the notice requirements of the lease and/or law.
How long does an eviction take?
The process can vary depending on the jurisdiction, the court’s calendar, and whether the case is contested or uncontested.
Is a written lease agreement required to file an eviction for nonpayment of rent against a tenant?
No. However, you must be able to establish what the oral agreement is concerning rental payments. How much is the rent? How often is rent to be paid? On what day is rent due?
How does one begin the eviction process?
A proper termination notice must be served prior to taking legal action. Upon the expiration of such notice, an eviction complaint may be filed with the Clerk of the County Court. The complaint should include a copy of the termination notice and lease agreement.
How do I serve a three-day notice?
The landlord, or the landlord’s authorized agent, may serve the notice by delivering a copy to the tenant, or, if the tenant is absent from the premises, by leaving a copy at the residence. It is prudent to have a certificate of service on the notice confirming how the notice was served, the date it was served and who served the notice. You may also mail the notice. However, if the notice is mailed, please be aware that additional time may be required for mailing, so get proper legal advice before you mail any notice.
Are there restrictions as to who I can evict if he or she has materially violated the lease or the law?
You can evict any tenant who materially violates or fails to comply with the lease and/or the law.
What is a Three Day Notice?
A three day notice, also termed A Notice to Pay or Vacate, is governed by Fla. Stat. §83.56(3) and is served when the tenant has failed to pay rent. The notice requires the tenant to either pay the rent due or vacate the premises within three days (excluding the day of service, weekends and holidays). THE NOTICE MUST COMPLY WITH FLORIDA LAW
Can a landlord assess late fees against a tenant?
Late fees may be assessed if they are properly defined in the written lease agreement between the parties. If there is no written lease, or if the lease does not properly define late fees, then you CANNOT include late fees on a three day notice.
Do evictions require you to attend a hearing in court?
It depends on several factors surrounding a specific case. The majority of eviction cases do not require a court appearance or trial. However, if the tenant files an answer with a lawful defense and/or deposits the past due rent into the Court Registry, then attendance at a mediation and/or trial may become necessary.
Can a tenant deposit rent into the Court Registry?
Yes, but only after an eviction has been filed. In this event, the court may set the matter for mediation and/or trial.
In which counties do you provide service?
We proudly represent clients in every county throughout the State of Florida.
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