It’s never an easy decision to evict someone from your home, but sometimes it’s a decision you need to make as a property owner and landlord. Whether you are not receiving rent or a tenant has violated their lease agreement, there are steps a landlord needs to take to make sure they properly evict someone under Florida law. The process is not necessarily quick and easy, but if followed properly, the process can be executed swiftly with limited expense or loss of rental time.
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
- Hearings
- Mediation
- Trial
Unfortunately, evictions are sometimes an avoidable reality. Since lawful evictions can sometimes be a lengthy and tedious process, landlords should first try to come to an amicable agreement. However, 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