It’s never an easy decision to evict a tenant from your property, but sometimes it’s a decision you need to make as a property owner and landlord. While evictions are mostly commonly sought due to lack of rent payment, any clause within the rental agreement that isn’t being honored can be grounds for a successful eviction. Luckily, the Florida eviction process is a fairly straightforward procedure that provides a timely removal of an undesirable tenant.
The Eviction Process
Regardless of the reason, an eviction in the state of Florida requires some or all of the following steps:
- Three-Day Notice: Whether hand delivered or posted on the tenant’s door, the landlord must notify the tenant to pay the rent in full or vacate the property within three business days. It should be signed by the landlord and include the tenant’s name, address, amount of rent due, and date of notice.
- Five-Day Notice or Residential Evictions Summons: This form must be served by the sheriff’s office or a private server to the tenant. This document informs the tenant that they have five days to answer to the court with any reasons why they should not be forced to move. Along with the Five-Day Notice, an official Complaint for Removal of Tenant package should be served as well. This package will include a copy of the Three-Day Notice and a copy of the rental agreement.
- Request for Default: This is the next step only if the tenant has not answered the court. It is the equivalent of requesting a final judgment of eviction from the judge.
- Writ of Possession: The judge will sign a Writ of Possession after receiving the Request for Default documents. The Writ of Possession will be delivered to the County Sheriff.
- Eviction: The County Sheriff will post a note at the door informing the tenant the date they must move out and when the eviction will take place, usually within 42 to 72 hours. The Sheriff will return to the premises on the scheduled date and time and evict the tenant. All tenant possessions will be removed from the premises and the landlord will be granted possession of the property.
Landlords and tenants should always try to come to an amicable agreement, but evictions are sometimes an avoidable reality. If a negotiation cannot be reached with the tenant and an eviction is the likely solution, the representation of an eviction attorney will prove to be an invaluable asset to guide owners and landlords through the evictions process and law.
Donna Hearne-Gousse is an experienced evictions attorney in Royal Palm Beach with reasonable fees to evict a noncompliant tenant. Please contact us for more information regarding our eviction services for landlords and any other concerns regarding real estate law in Palm Beach County.
The Law Office of Donna Hearne-Gousse
(561) 582-5670