Unfortunately, evictions are a real event in the lives of both landlords and tenants. From the owner perspective, a landlord will need to take legal action to remove a tenant that defaults on the rental agreement.
An eviction is a multi-step process that requires the assistance of the court system to complete. In the state of Florida, once a 3-day notice of eviction has been issued to a tenant, and no action has been taken by the renter to vacate the premises, the landlord may then file an eviction action with the court.
The general process for an eviction is as follows:
- Post a 3 business day notice
- File eviction lawsuit with summons
- Serve Tenant with summons
- If no response after five days, request for default
- File for final judgment of eviction with judge
- If tenant is still on property, issue a writ of possession
- Schedule with sheriff to conduct a removal of tenant
Contested evictions include all of the above as well as the possibility of:
- Prolonged litigation
Although Florida’s real estate market is moving in a positive direction, our state’s tumultuous real estate market and depressed job market from 2005-2011 has left many with economic strife and continues to impact the ability of many people to afford the cost of living. As a result, eviction rates in Florida have steadily increased recently.
A lawful eviction is a somewhat lengthy and most definitely tedious process. If possible, an amicable agreement should be considered by both parties. However, if a negotiation cannot be reached and an eviction is the likely solution, the representation of an evictions attorney will prove to be an invaluable asset to owners and landlords.
The Law Office of Donna Hearne-Gousse