Tenant Evictions
For the average do-it-yourself Florida landlord, residential tenant eviction procedures are complex, confusing and cumbersome. To better understand, how to navigate your way through the many steps, that are part of the eviction process, click here, to see a flowchart, which shows how eviction for nonpayment of rent, works in Florida.
Make Sure You Read This Before You File an Eviction Lawsuit!
In case you haven’t experienced it yet, evicting a residential tenant, in Florida, can be costly, time consuming and exasperating! But eviction isn’t the only way, for savvy landlords to get their problem tenants to leave. Click here, to learn about a little known method, that you can use, to get your troublesome tenants to move out, without having to go through the expense and aggravation, of filing an eviction lawsuit in county court!
The Eviction Process for Nonpayment of Rent in Florida
The residential eviction process in Florida, for nonpayment of rent, consists of the following eight steps:
Step 1: The landlord, or the landlord's authorized agent or attorney, prepares and serves a Three Day Notice to Pay Rent or Vacate the Premises, on the delinquent tenant.
Step 2: The landlord or landlord's Florida licensed attorney prepares and files, an Eviction Complaint and Summons, with their county’s clerk of the county court, requesting a Judgment for Past Due Rents.
Step 3: The clerk of the county court, issues an Eviction Complaint, for past due rent and a Summons, to be served on the tenant, in person, by a county deputy sheriff or Florida certified process server. The tenant has five days, excluding Saturdays, Sundays and Florida legal holidays, from the day they’re served, to file an answer with the court.
Step 4: If the tenant files an answer to the complaint, within the five-day period, and deposits the full amount of the past due rent, into the registry of the court, the landlord or landlord's attorney, prepares and files, a Request for a Hearing, with the clerk of the county court.
Step 5: If the tenant files a response to the complaint within the five-day filing period, but fails to deposits the full amount of the past due rent, into the registry of the court, the landlord or landlord's attorney, prepares and files, a Motion for Default, notarized Affidavit of Nonmilitary Service, notarized Affidavit in Proof of Claim for Past Due Rents and Final Judgment for Past Due Rents, with the clerk of the county court.
Step 6: The judge enters a Final Judgment for Past Due Rents, in favor of the landlord.
Step 7: If the tenant fails to file a response to the complaint, and doesn't deposit the full amount of the past due rent, into the registry of the court, the landlord or landlord's attorney, prepares and files, a Motion for Immediate Default, notarized Affidavit of Nonmilitary Service, notarized Affidavit in Proof of Claim for Past Due Rents and a Final Judgment for Past-Due Rents, with the clerk of the county court.
Step 8: The judge enters a Default Final Judgment for Past Due Rents, in favor of the landlord.
In chapter seventeen of The Florida Landlord's Manual, there are complete step-by-step instructions, on how to evict a residential tenant in Florida, for nonpayment of rent and noncompliance with their rental agreement.