Eviction Process in Florida

Nonpayment of rent is the most common reason for a landlord being forced to file an eviction. When a tenant fails to pay rent, landlords can quickly initiate eviction proceedings. The process begins with the delivery of a three-day notice, demanding payment, or possession within three days (excluding service day, weekends, and holidays). If the tenant does not pay the rent within the 3 business days’ time frame set forth in the notice, the landlord can then file an eviction lawsuit. Once the eviction lawsuit is filed, an uncontested eviction process typically takes an estimated 4-5 weeks, and a contested eviction takes around 5-8 weeks, in most courts around Florida.

For breaches of lease terms, excluding non-payment, landlords must serve a seven-day notice to cure. This notice should specify the violation, what the tenant must do to cure the violation, and allow the tenant seven calendar days to rectify the issue. If non-compliance persists, the landlord can proceed with eviction, following a similar legal process as in nonpayment cases. Examples of lease violations include unauthorized occupants in the property, nuisances such as loud noise and music, not maintaining the property and lawn if the tenant is responsible for that, unauthorized modifications to the property, not allowing landlord access to the property for inspection or repairs, and health and safety violations.
If the violation is not curable, such as a criminal act like assault and battery, a landlord can serve a 7 day notice without the opportunity to cure. Once the eviction lawsuit is filed, the eviction process typically takes an estimated 4-8 weeks in Florida depending on if it’s contested or not.

To terminate a month-to-month tenancy, landlords must serve a minimum 30-day notice, notifying the tenant that the tenancy is ending, and possession must be surrendered at the monthly period’s conclusion. The notice must be served at least 30 days before the monthly period ends. For example, if rent is due on the 1st of the month and the landlord is serving a termination of month-to-month tenancy notice on August 15th, the landlord should provide until September 30th for the tenant to vacate as there is only 16 days left in August and the notice must expire at the end of a monthly period. The subsequent eviction process in Florida normally takes around 4-5 weeks if it’s uncontested, and 5-8 weeks if it’s a contested eviction.

If a tenant continues to occupy the premises after the lease expires, and no renewal notice is required, landlords can proceed with eviction without a specific notice. However, if the lease demands a notice of non-renewal, landlords must adhere to the specified notice period. Landlords should check the provisions in their lease first before moving forward with a holdover eviction to ensure they are following their lease provisions closely. If the tenant has not vacated at lease end and is a holding over then an eviction lawsuit should be filed and the eviction process typically takes between 4 and 8 weeks in most courts throughout Florida.

If the tenant violates a lease agreement in Florida, such as having unauthorized pets or unauthorized guests, the landlord should serve the tenant with a Seven Day Notice to Cure. If the tenant fails to cure the violations laid forth in the notice, the landlord can choose to terminate the tenancy and file for eviction in Florida. Before filing for eviction the landlord will need to gather proof of the ongoing violations which include photographs, videos , police reports, code violation documentation, or sworn testimony from witnesses. If the landlord chooses to file an eviction in Florida after the notice expires they can engage our services to do so.

Our Firm understands the importance of legal awareness for landlords navigating the eviction process. We are able to save landlords time and money by empowering them with the knowledge needed to navigate potential legal challenges effectively.