While needing to evict a tenant is never an ideal situation for a landlord, sometimes it becomes a necessary part of owning an investment property. With the aftermath of the pandemic still lingering and with inflation causing financial strain for many, landlords might be finding it especially difficult to collect rent from their tenants. When facing the need to remove a tenant who defaults on a rental agreement, a landlord will need to take legal action. Florida has procedures in place that, if followed properly, can limit the loss for a landlord.
The Eviction Process
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
The Florida real estate market has been booming the past several years, and many are still leaving other parts of the country for the Sunshine State. In addition to real estate values making it difficult to purchase a first home, other economic factors have led to renting as a viable alternative to home ownership. The influx of renters, combined with rising inflation and unemployment, will unfortunately lead to even more evictions.
A lawful eviction is a somewhat lengthy and 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 eviction attorney will prove to be an invaluable asset to owners and landlords.
The Law Office of Donna Hearne-Gousse