THE EVICTION PROCESS
Many landlords face a difficult decision when deciding on whether to evict a tenant. The properties a landlord owns may be their only source of income to provide for their families so having a tenant failing to pay rent will directly impact their livelihood. Regardless of the situation, it is important for landlords to be fully informed on the process so they can make the best choice for themselves moving forward. In the paragraphs below we will discuss both the length and steps of the eviction process.
On the shorter side, an eviction process generally ranges from four (4) to six (6) weeks so long as all documents are executed in a timely fashion and all respective parties involved (the court’s, sheriff’s office, etc.) are not dealing with a backlog (think COVID-19).
1. Consulting with an Attorney (1 Day)
Although it may seem obvious, the first step for any landlord considering eviction is to consult with an eviction attorney so that they can analyze the factual circumstances behind the matter as every case will vary (consider the different types of leases landlords use). It is important to do this because many landlords will likely not know which notice to serve to their tenant or how to meet the legal requirements of the respective notice. Many landlords also do not know that the law in Florida prohibits landlords from engaging in a “self-help eviction.” A self-help eviction is when a landlord attempts to remove a tenant from their property outside of the means that are legally prescribed (think changing the locks, cutting off the water and electricity, removing a tenant’s personal property, or something not as obvious such as refusing to make repairs when the landlord is required).
On the shorter side, an eviction process generally ranges from four (4) to six (6) weeks so long as all documents are executed in a timely fashion and all respective parties involved (the court’s, sheriff’s office, etc.) are not dealing with a backlog (think COVID-19).
1. Consulting with an Attorney (1 Day)
Although it may seem obvious, the first step for any landlord considering eviction is to consult with an eviction attorney so that they can analyze the factual circumstances behind the matter as every case will vary (consider the different types of leases landlords use). It is important to do this because many landlords will likely not know which notice to serve to their tenant or how to meet the legal requirements of the respective notice. Many landlords also do not know that the law in Florida prohibits landlords from engaging in a “self-help eviction.” A self-help eviction is when a landlord attempts to remove a tenant from their property outside of the means that are legally prescribed (think changing the locks, cutting off the water and electricity, removing a tenant’s personal property, or something not as obvious such as refusing to make repairs when the landlord is required).
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Q: What are the legal grounds for eviction in Florida?
A: "In order to have an eviction in the state of Florida, the tenant must first have breached a term of lease. In order to breach a term of the lease, that means that maybe they did not pay rent, they failed to comply with another provision of the lease. For example, maybe there's additional people that are living in the property that were not permitted to live in the property, or any other thing that the tenant does that is in violation of the lease. Having said that, the landlord still must give proper notice to the tenant of those violations before they can bring an action in court for eviction. |
2. Providing Notice to the Tenant to Cure the Violation (3 Day Minimum)
After the landlord has consulted with an eviction attorney, the eviction attorney will advise the landlord on the proper steps to take to begin the eviction process, which will likely start with serving some type of notice to the tenant. The type of notice will vary based on the surrounding circumstances of the landlord’s matter. For example, a three (3) day notice is issued to a tenant who has failed to pay rent, and a seven (7) day notice is issued to a tenant who is not complying with the terms of their lease agreement. In the state of Florida, a landlord is legally required to provide notice to their tenant to cure a violation/deficiency prior to filing an eviction lawsuit.
After the landlord has consulted with an eviction attorney, the eviction attorney will advise the landlord on the proper steps to take to begin the eviction process, which will likely start with serving some type of notice to the tenant. The type of notice will vary based on the surrounding circumstances of the landlord’s matter. For example, a three (3) day notice is issued to a tenant who has failed to pay rent, and a seven (7) day notice is issued to a tenant who is not complying with the terms of their lease agreement. In the state of Florida, a landlord is legally required to provide notice to their tenant to cure a violation/deficiency prior to filing an eviction lawsuit.
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Q: How long does it take to evict a month-to-month tenant in Florida?
A: "If there's a month-to-month tenant a landlord has the right to evict that tenant. If it's for the failure to pay rent, as soon as the landlord serves that three day notice of failure to pay rent, once those three days are up, the landlord can begin the eviction process in any type of tenancy whether month-to-month or year long tenancy. If the month-to- month tenancy is over, and the landlord has already notified the tenant that they will not be renewing that month-to-month tenancy, then at the end of that monthly period, the landlord can immediately begin eviction process." |
3. Filing the eviction lawsuit with the proper Court (1 to 3 Days)
If after the allotted time the tenant has not cured the necessary violations/deficiencies outlined in the notice, the next step is for a landlord to file an eviction lawsuit. Here, your eviction attorney will likely prepare all the documents up front so that when stages of the eviction occur, they are ready and can move expeditiously throughout the process. The types of documents prepared will vary on the type of eviction, but once they are complete, the eviction attorney will file the eviction lawsuit with the proper court. Thereafter, the clerk of the court will issue a summons for each of the tenants (the tenants will then be referred to as the defendants). The amount of time the clerk takes to issue the summons varies from county to county. However, the clerk typically issues the summons within a few days after the eviction lawsuit was filed.
4. Serving the tenants with the Summons (1 to 3 Days)
Once the eviction attorney is in receipt of the summons, the summons will need to be served to the tenants along with the other necessary eviction paperwork. Both the summons and the eviction paperwork are usually issued to the tenants by a sheriff or process server. Service of these documents can be provided in one of two ways. The first way to serve the summons and eviction paperwork is by making direct contact with the tenant(s). The second way comes after the sheriff or process server has failed to make direct contact with the tenant(s) after two (2) attempts. If this is the case, the sheriff or process server is legally allowed to publish or post the summons and other necessary eviction documents in a “conspicuous place” (usually the front door of the property). Once documents are served or published, the eviction process has formally commenced, and the tenant has five (5) days to respond (during this time, the tenant is required to deposit rent into the court registry if the basis for the eviction lawsuit was the failure to pay rent).
5. Arguments presented to the Court (Minimum of 5 Days to Several Weeks)
Generally speaking, there are two (2) different types of evictions, contested evictions and uncontested evictions. If after filing the eviction lawsuit the tenant does not respond within the given five (5) day period, the eviction lawsuit is classified as uncontested. On the other hand, if after filing the eviction lawsuit and the tenant responds within the given five (5) day period, the eviction lawsuit is classified as contested. The type of eviction will determine the speed of the lawsuit with an uncontested eviction being the fastest.
If the eviction is uncontested (the tenants did not respond within the five (5) day time period), the landlord (though their eviction attorney) will need to obtain a default, final judgment, and writ of possession. This entire process depends on the schedules of the Courts and the attorneys.
If the eviction is contested (the tenants responded within the five (5) day time period), then the eviction will take longer. Based on the tenant’s response, there will be hearings in front of the court, or the parties may be ordered to attend a mediation. The tenant’s response will govern exactly how long this process will take. However, a contested eviction will become final once a judge issues the final judgment or the case is heard at trial.
6. Sheriff serves the tenant with a Writ of Possession (One week)
After you the landlord has gone through the court process and was successful in the eviction lawsuit, the Court will issue a writ of possession. A writ of possession is a document that legally allows the county sheriff to forcibly remove a tenant from a property if after twenty-four hours of issuance they have not yet left the property. Thereafter, you will be legally entitled to take possession of your property.
This is a broad overview of the eviction process in Florida. Circumstances can vary on a number of facts including, but not limited to the terms of rental agreement and the type of property you own. At J. Perez Legal P.A., we have over twenty years serving landlords in Pembroke Pines, Cooper City, and all-over South Florida in evictions to recover possession of their property; our experienced real estate attorneys fight hard to protect the rights of landlords. Please call (954) 450-2585 today to schedule a consultation with experienced real estate attorneys.
J. Perez Legal P.A. handles a variety of cases, so call now if you have any questions related to real estate including mortgage, foreclosure, modification, etc.
If after the allotted time the tenant has not cured the necessary violations/deficiencies outlined in the notice, the next step is for a landlord to file an eviction lawsuit. Here, your eviction attorney will likely prepare all the documents up front so that when stages of the eviction occur, they are ready and can move expeditiously throughout the process. The types of documents prepared will vary on the type of eviction, but once they are complete, the eviction attorney will file the eviction lawsuit with the proper court. Thereafter, the clerk of the court will issue a summons for each of the tenants (the tenants will then be referred to as the defendants). The amount of time the clerk takes to issue the summons varies from county to county. However, the clerk typically issues the summons within a few days after the eviction lawsuit was filed.
4. Serving the tenants with the Summons (1 to 3 Days)
Once the eviction attorney is in receipt of the summons, the summons will need to be served to the tenants along with the other necessary eviction paperwork. Both the summons and the eviction paperwork are usually issued to the tenants by a sheriff or process server. Service of these documents can be provided in one of two ways. The first way to serve the summons and eviction paperwork is by making direct contact with the tenant(s). The second way comes after the sheriff or process server has failed to make direct contact with the tenant(s) after two (2) attempts. If this is the case, the sheriff or process server is legally allowed to publish or post the summons and other necessary eviction documents in a “conspicuous place” (usually the front door of the property). Once documents are served or published, the eviction process has formally commenced, and the tenant has five (5) days to respond (during this time, the tenant is required to deposit rent into the court registry if the basis for the eviction lawsuit was the failure to pay rent).
5. Arguments presented to the Court (Minimum of 5 Days to Several Weeks)
Generally speaking, there are two (2) different types of evictions, contested evictions and uncontested evictions. If after filing the eviction lawsuit the tenant does not respond within the given five (5) day period, the eviction lawsuit is classified as uncontested. On the other hand, if after filing the eviction lawsuit and the tenant responds within the given five (5) day period, the eviction lawsuit is classified as contested. The type of eviction will determine the speed of the lawsuit with an uncontested eviction being the fastest.
If the eviction is uncontested (the tenants did not respond within the five (5) day time period), the landlord (though their eviction attorney) will need to obtain a default, final judgment, and writ of possession. This entire process depends on the schedules of the Courts and the attorneys.
If the eviction is contested (the tenants responded within the five (5) day time period), then the eviction will take longer. Based on the tenant’s response, there will be hearings in front of the court, or the parties may be ordered to attend a mediation. The tenant’s response will govern exactly how long this process will take. However, a contested eviction will become final once a judge issues the final judgment or the case is heard at trial.
6. Sheriff serves the tenant with a Writ of Possession (One week)
After you the landlord has gone through the court process and was successful in the eviction lawsuit, the Court will issue a writ of possession. A writ of possession is a document that legally allows the county sheriff to forcibly remove a tenant from a property if after twenty-four hours of issuance they have not yet left the property. Thereafter, you will be legally entitled to take possession of your property.
This is a broad overview of the eviction process in Florida. Circumstances can vary on a number of facts including, but not limited to the terms of rental agreement and the type of property you own. At J. Perez Legal P.A., we have over twenty years serving landlords in Pembroke Pines, Cooper City, and all-over South Florida in evictions to recover possession of their property; our experienced real estate attorneys fight hard to protect the rights of landlords. Please call (954) 450-2585 today to schedule a consultation with experienced real estate attorneys.
J. Perez Legal P.A. handles a variety of cases, so call now if you have any questions related to real estate including mortgage, foreclosure, modification, etc.