Florida Eviction Laws

This guide outlines critical Florida eviction laws advice about the eviction proceedings in the state of Florida. It underscores the compulsory measures that landlords must take in their quest to reclaim their rented property. Furthermore, this page furnishes a detailed rundown of the safeguards and rights available to tenants amid the eviction process. This resource serves as a valuable guide for both landlords and tenants in Florida, helping them to traverse eviction procedures and guaranteeing a fair and efficient process.

Reasons for Eviction

  • Not paying rent
  • Violation of a lease term
  • Committing an illegal act
  • Termination without cause

Notice to Vacate

Regarding termination without cause for a month-to-month lease, the landlord can give written notice 15 days before the end of the monthly period that the tenant’s lease is ending. They must move out at the end of that period.

Notice to Comply

For failure to pay rent, the landlord must provide a three-day notice to pay rent or move out (excluding Saturday, Sunday, and legal holidays).

For a lease violation, the landlord must offer a seven-day notice to quit or cure the behavior.

A seven-day unconditional quit notice is given when there is no ability to cure the violation, meaning the tenant will have seven days to move out. This unconditional quit notice is used when the tenant intentionally destroys the property or another tenant’s property, creates unreasonable disturbances, or repeats the same lease violation within a 12-month period.

Learn more about the eviction process, including the average cost.

Serving the Tenant

All termination notices must be mailed to tenants, preferably by first-class mail, per Florida eviction laws.  The eviction complaint and summons issued by the court must be served to the tenant(s) by a sheriff or private process server.

Tenant Possessions

Items left behind that total more than $500 in value must be sold at a public sale. The landlord must provide proper notice to the public of the sale by advertising the description of the goods, the time and place of the sale, and the name of the former tenant(s) in a local newspaper where the sale will be held.

If there is no local newspaper, then the advertisement must be posted in six different conspicuous locations in the neighborhood where the sale will take place. The sale must take place at least 10 days after the advertisement of the sale, and the owner of the goods can reclaim the property at any time before the sale. All proceeds of the sale, minus the landlord’s costs of storing, advertising, and selling the property, must be paid to the treasury of the county where the sale took place within 30 days. The former tenant then has one year to claim the funds.

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Eviction Timeline

Below you’ll learn the average timeline for a complete eviction in Florida. This projected timeline could change based on the complexities of your specific case.

Typically, it takes anywhere between four to six weeks for the Florida eviction process.

How to Start the Eviction Process in Florida?

If the tenant is still in the property after the proper notice has been served, the landlord can file eviction papers in court and serve the tenants by a process server or sheriff. The tenant must file an answer to the complaint within 12 days. Judgment of eviction can happen by day 18-20, and then the Writ goes to the sheriff to finalize the eviction by day 28-30.

How to Stop the Eviction Process in Florida?

The landlord can file a motion to dismiss the eviction action.

How Long is the Eviction Process in Florida?

The eviction process in Florida typically lasts four to six weeks if it’s uncontested. A backed-up court docket may delay this timeline.

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