Eviction is never a pleasant experience but unfortunately it happens. This could be for any number of reasons. Maybe your tenants are unruly, unreliable, or there are other discrepancies. In order to properly go through the eviction process, it’s vital that you know the process to avoid any legal disputes.
The first step in the process of evicting tenants in Florida is serving them with the appropriate written notice. The amount of time given depends on the situation. Evicting a tenant because of no rent payments requires a three day eviction notice and subsequent documents that include information about the amount of money the tenant owes and demands that the renter either pays the full amount owned or move out within three days, excluding legal holidays, weekends and first day of service.
If you want to evict a tenant for failure to comply with the rental agreement, you should provide them with a 7 day notice, referred to as the “Notice of Noncompliance”. This notice needs to have the proper documentation of omissions or acts that constitute noncompliance. It needs to be clearly stated that the lease will be terminated if the tenant fails to “cure the breach” within seven days. Examples of noncompliance include:
- Unauthorized pets or persons
- Operating an unauthorized business
In month to month tenancies, you can issue the tenant with a fifteen day eviction notice. You must service this notice 15 days prior to the date when rent is due.
Additionally, if a tenant fails to comply with the eviction and/or refuses to leave the property, you should serve an Evictions Summons and Complaint. The additional actions will take place:
- You will be required to produce a copy of the eviction notice and certificate of service at the clerk’s office.
- The court clerk will then notarize the completed complaint form.
- The summons and complaint must be served by a sheriff or registered process server.
- The tenant will have 5 days to file an answer with the court.
- If the tenant does this, you should contact the court clerk to schedule a hearing date.
- If the tenant fails to file an answer, you should file a Motion for a Default Judgment and request a Final Judgment for the Removal of Tenant.
Ness Property Management is always available to discuss eviction needs or concerns. Contact us today to see how we can help.