The state of Florida has different statues for residential and commercial evictions. The information in this article only applies to residential evictions.
There can be any number of reasons why property owners need tenants to leave a property. At times, the only remedy is to evict the tenants. In the state of Florida, as elsewhere, there are certain steps that have to be taken first. Here is a brief outline of those steps. For more detailed instructions, consult Chapter 83 of the Florida Statues.
Prepare and Serve the Mandatory Three-Day Notice
In order for a property owner to evict, a 3-day notice. This must be done before you file your Complaint to recover possession. This notice includes demand for payment of rent or demand for possession of the rental property. The tenant has 3 days to pay or leave after delivery of this notice. The 3 days cannot include weekend days or legal holidays.
If payment is not made or tenants do not leave the property after the 3 days, you can file the Complaint for Eviction.
Preparing Complaint and Summons
The landlord of the rental property will need to file the original copy of the Complaint with the county clerk. In addition, the 3-day Notice must also be included in the package, along with copies of the lease (if there is one). You may be required to file more than one set of papers and each set must include all of the needed paperwork. You must sign the Complaint in person at the clerk’s office or have it notarized. You will also have to pay the fee at this time. Fees vary by county.
Once the fee is paid and all of the paperwork is filed with the clerk, the clerk will issue the Eviction Summons. Copies of the paperwork will then be attached to the summons for delivery to the tenant. Either the local Sheriff or (in some cases) a private process server may deliver the summons.
In those cases where the tenant cannot be contacted in person, the summons may be posted to the premises and the county clerk must be asked to mail a copy to the tenant via certified mail.
Court Proceedings
The tenant will have 5 days (not including weekends or legal holidays) to file a reply or answer. If the tenant files an answer to the summons, and pays the fees, the landlord will need to schedule a hearing through the appropriate court.
Default Cases: Should the tenant not answer the summons, the owner can file for a Default Motion with the clerk/court and move forward in obtaining judgment for possession of the property. The county clerk will have the needed documents for this action.
Landlords will then need to give the clerk the original Judgment for Possession and copies of such for all tenants and the landlord. Also, you will need to supply enough self-addressed, stamped envelopes for all parties for mailing of the documents, including the Final Judgment. Landlords must also present to the clerk a copy of the Writ of Possession.
Once all of the above has taken place, the clerk can issue another Writ of Possession that goes to the Sheriff. It will detail exactly where the property is and order him or her to allow the landlord possession of the property once another 24 hours have lapsed in which the Sheriff will post the notice on the premises. This Writ can only be served by the Sheriff and there is a fee for it, depending on county.
