Evictions in Florida must follow strict legal guidelines to ensure fairness for both landlords and tenants. The process varies depending on the reason for eviction and the type of lease agreement. Understanding Florida’s eviction laws can help landlords navigate the process while ensuring compliance with state regulations.
1. Grounds for Eviction in Florida
Landlords can only evict tenants for legally valid reasons, including:
- Nonpayment of Rent: If a tenant fails to pay rent on time.
- Lease Violations: If a tenant violates lease terms, such as unauthorized occupants or property damage.
- Holdover Tenancy: If a tenant remains in the rental unit after the lease has expired.
- Illegal Activity: If a tenant engages in criminal behavior on the property.
2. Eviction Notice Periods Based on Lease Type
Florida law requires landlords to provide tenants with proper notice before filing for eviction. The notice period depends on the reason for eviction:
- Nonpayment of Rent: Landlords must issue a 3-day notice to pay or vacate. If the tenant does not pay within three business days, the landlord can proceed with eviction.
- Lease Violations: If the violation is curable (e.g., unauthorized pets), landlords must provide a 7-day notice to cure. If the tenant does not fix the issue, eviction proceedings can begin.
- Severe Lease Violations: If the violation is serious (e.g., property damage or illegal activity), landlords can issue a 7-day unconditional notice to vacate, meaning the tenant must leave without an option to fix the issue.
- Month-to-Month Tenancy: Landlords must provide a 15-day notice before terminating a month-to-month lease. In Broward County, the required notice period is 60 days.
- Holdover Tenants: If a tenant stays after the lease expires, landlords must issue a 30-day notice to vacate.
3. The Eviction Process in Florida
Once the notice period expires, landlords can file an eviction lawsuit. The process includes:
- Filing an Eviction Complaint: The landlord submits a formal complaint to the local court.
- Serving the Tenant: The tenant receives a court summons and has a chance to respond.
- Court Hearing: If the tenant contests the eviction, a judge will review the case.
- Issuing a Writ of Possession: If the landlord wins, the court orders the tenant to vacate within 24 hours.
Final Thoughts
Evictions in Florida require careful adherence to legal procedures. Landlords must provide proper notice based on lease type and ensure compliance with state laws to avoid delays or legal disputes.
Bottom Line
If you have been considering hiring a trusted property manager lets connect and see how we can assist you with your investment property.
