The
Residential Tenant Eviction Process For Nonpayment Of Rent
The residential tenant
eviction process in Florida for nonpayment of rent consists of
the following eight steps:
Step #1: The landlord, landlord's authorized agent or
attorney prepares a
Three Day Notice To Pay Rent Or Vacate The Premises
that can be served on the tenant in person by the landlord,
landlord's authorized agent or attorney. The three-day notice
can also be sent to the tenant by first-class mail, or posted at
a conspicuous place on the rental premises. The tenant has
three days after the date of delivery of the three day notice,
excluding Saturdays, Sundays and
Florida Legal Holidays in which to pay the rent in full or
vacate the premises. Please note that landlords must cease the
eviction for nonpayment of rent once the tenant pays their rent
in full within the three-day period.
Step #2: The landlord or landlord's Florida licensed
attorney files an
Eviction Complaint under count II for past due rent with
the clerk of the county civil court requesting a Judgment for
Past Due Rents.
Step #3: The clerk of the county civil court issues an
Eviction Complaint under count II for past due rent and an
Eviction 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 after being served to file an answer with the
court.
Step #4: If the tenant files an answer to the complaint
within the five-day filing period, and deposits the full amount
of the rent due into the registry of the court, the landlord or
landlord's attorney files a Request for a Hearing with the clerk
of the county civil 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 rent due into the registry of the court, the
landlord or landlord's attorney files a Proceed to Judgment,
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 civil court.
Step # 6: The judge enters a Final Judgment for Past Due
Rents in favor of the landlord.
Step #7: If the tenant doesn't file a response to the
complaint, and doesn't deposit the full amount of the rent due
into the registry of the court, the landlord or landlord's
attorney 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 civil court.
Step #8: The judge enters a
Default Final Judgment For Past Due Rents in favor of the
landlord.
Tenant
Eviction Related Statutes And Web Sites
Florida Residential Landlord And Tenant Act
Federal Eviction Regulation For HUD-Subsidized Housing
Florida Service Of Process For Possession Of Premises Statute
Florida Disposition Of Abandoned Personal Property Statute
Florida Consumer Collection Practices Act
Notice To Former Tenant Of Right To Reclaim Abandoned Property
Notice To Former Non-Tenant Owner Of Right To Reclaim Abandoned
Property
Florida Landlord's Lien For Rent Statute
Florida Eviction Stay Statute
Florida Legal Holidays Statute
Federal Bankruptcy Eviction Stay Statute
Florida County Courts
Florida County Clerks Of
Court
Florida Association Of Professional Process Servers
Florida Attorney Search
Sample
Court Eviction Forms
The following filing requirements,
instructions and eviction forms are from the Hillsborough County
Clerk of the Circuit Court's Web site:
Sample Court Requirements And Instructions For Filing Eviction
Forms
Sample Eviction Summons
Sample Eviction Complaint For Past-Due Rent
Sample Complaint For Tenant Eviction For Other Than Delinquent
Rent
Sample Affidavit Of Non-Military Service
Sample Affidavit In Proof Of Claim
Sample Motion For Immediate Default
Sample Judgment For Possession
Sample Default Final Judgment For Past-Due Rents
Sample Writ Of Possession
Contact
Your Clerk Of The Court To Get Eviction Forms
Your local
clerk of the county court has copies of all of the court
eviction forms that are used in your county to file a
residential eviction lawsuit.
Debt
Collection Related Statutes And Web Sites
Florida Consumer Collection Practices Act
Florida Worthless Check Collection Statute
Fair Debt Collection Practices Act
FTC Fair Debt Collection Practices Act Opinion Letter
Servicemembers' Civil Relief Act
National Check Fraud Center
Commercial Collection Agency Association
How To Hire An Eviction Attorney
If you don't feel
comfortable evicting tenants yourself, or you're a corporate
landlord, you'll need to hire a Florida licensed attorney who
specializes in residential tenant evictions. The best way to
find a qualified eviction attorney, is to contact your local
bar association's lawyer referral service, or the
Florida Bar Association Lawyer Referral
Service, or your local apartment association which is
listed on the
Florida Apartment Association Web site under Local
Affiliates.
Once you get the names of
eviction attorneys in your area, you'll need to do a search of
the
Florida Bar Association Membership Rolls
to verify that they're licensed to practice law in Florida, and
to check if they've been disciplined or had their license
revoked for misconduct.
In
chapter seventeen of
The Florida Landlord's Manual,there are detailed step-by-step instructions on
how to evict residential tenants in county civil court for:
1. Nonpayment
of rent.
2. Possession of the premises.
3. Noncompliance with their rental agreement.
