Evictions in Florida are more common than many realize and are uncomfortable for both tenants and landlords. Understanding both the causes of eviction and the legal process can help landlords protect their property and tenants protect their rights.
Reasons for Eviction
An eviction is when a landlord forces a tenant to move out. There are several reasons why a landlord would evict a tenant, but landlords must adhere to due process in doing so. Here are some of the reasons why an eviction would take place:
- Non-Payment of Rent: the most frequent cause of eviction is failure to pay rent as outlined in their lease agreement.
- Violation of Lease Terms: Some examples of non-monetary violations of a lease include having unauthorized pets, subletting without permission, or exceeding occupancy limits.
- Property Damage: extensive property damage beyond normal wear and tear can also lead to eviction, especially if the tenant refuses to address the issue.
- Illegal Activity: illegal activities, such as drug-related offenses, can result in immediate action by the landlord.
- Expiration of Lease: once a lease expires, landlords have the right to evict a tenant without any cause.
Ideally, a resolution between a tenant and landlord can be reached before an eviction notice is sent and the legal process begins.
Legal Eviction Process
If an agreement cannot be reached, Florida law requires landlords to follow a formal legal process. The first step is serving the appropriate written notice. For unpaid rent, a 3-day notice is required, while for lease violations, landlords typically issue a 7-day notice.
If a tenant fails to comply, the landlord can file an eviction lawsuit. The tenant is then served with a summons and complaint and has five business days to respond. In cases involving unpaid rent, the tenant must also deposit the disputed rent into the court registry to contest the eviction.
If the tenant does not respond in time, the landlord may obtain a default judgment. If the case proceeds to a hearing, the judge will review the evidence and issue a decision. When the court rules in favor of the landlord, it issues a writ of possession. This document allows the sheriff to post 24-hour notice and, if necessary, physically remove the tenant from the property.
Evictions in Florida can move quickly, sometimes in just a few weeks, which makes it critical for both parties to act promptly. It is always a wise decision to seek the advice and legal counsel of an attorney to help you through the eviction process.
The Law Office of Donna Hearne-Gousse represents landlords in the South Florida market. If you are a property owner in need of attorney-based eviction services, it is important to know that a knowledgeable, experienced, and reputable eviction lawyer will protect your best interests.
The Law Office of Donna Hearne-Gousse
(561) 582-5670