How Do I Evict a Tenant in Florida

Step-by-Step Guide to the Eviction Process

The eviction process in Florida follows a structured timeline, and knowing the steps can help you avoid costly mistakes. Below is a detailed guide to how the eviction process works, including specific requirements for nonpayment of rent and other scenarios.

Step 1: Serve the Appropriate Notice

The first step in any eviction is serving a written notice to the tenant. The type of notice depends on the reason for eviction:

• 3-Day Notice for Nonpayment of Rent: If the tenant hasn’t paid rent, you must serve a 3-day notice to pay or vacate. This notice gives the tenant three business days (excluding weekends and holidays) to pay the full amount owed or leave the property. To answer how do I give a 3-day notice to vacate in Florida, ensure the notice includes the exact amount due, the landlord’s contact information, and a clear deadline. It must be delivered in person, posted on the property, or mailed (though mailing adds five days to the timeline).
• 7-Day Notice for Lease Violations: For curable violations (e.g., unauthorized pets), tenants have seven days to correct the issue. For incurable violations (e.g., illegal activity), they must vacate within seven days.
• 15-Day Notice for Month-to-Month Tenancy: To terminate a month-to-month lease without cause, provide 15 days’ notice before the next rent due date.
• Squatter Eviction: For squatters, you may need to serve a 7-day notice to vacate, but the process can vary depending on whether they claim tenant rights.

Always keep proof of service, such as a signed acknowledgment or a photo of the posted notice.

Step 2: File an Eviction Lawsuit

If the tenant doesn’t comply with the notice, you must file a complaint for eviction with the county court where the property is located. You’ll need to provide:

• A copy of the lease (if applicable).
• Proof of the notice served.
• Evidence supporting the eviction (e.g., unpaid rent records or photos of property damage).

The filing fee typically ranges from $185 to $300, depending on the county. This answers how much does it cost to evict a tenant in Florida at this stage, though additional costs like attorney fees or sheriff services may apply later.

Step 3: Attend the Court Hearing

Once the tenant is served with the lawsuit (usually within 5–10 days), a hearing is scheduled. Both parties present their case, and the judge decides whether to grant the eviction. If the tenant doesn’t appear, you may win by default. Court hearings typically occur within 2–3 weeks of filing, though delays can extend this timeline.

Step 4: Obtain a Writ of Possession

If the judge rules in your favor, you’ll receive a writ of possession, authorizing the sheriff to remove the tenant. The sheriff will post a final 24-hour notice, after which they’ll physically remove the tenant if they haven’t left voluntarily. This step addresses what happens if a tenant refuses to leave after eviction in Florida, as law enforcement ensures compliance.

Timelines and Costs of Eviction

How long does it take to evict someone in Florida? The timeline varies based on the reason for eviction, tenant response, and court schedules. Here’s a general breakdown:

• Nonpayment of Rent: 3-day notice + 5–10 days for lawsuit service + 2–3 weeks for a hearing = approximately 4–6 weeks.
• Lease Violations: 7-day notice + lawsuit process = 5–7 weeks.
• Squatters or Holdover Tenants: 7–15 days for notice + lawsuit process = 6–8 weeks or more, depending on whether the squatter claims tenant rights.

Costs also vary. According to a 2023 report by the Florida Bar, average eviction costs range from $500 to $2,000, including filing fees ($185–$300), sheriff service fees ($40–$100), and attorney fees ($300–$1,500) if you hire legal representation (Florida Bar, 2023). For those wondering how much does it cost to evict a tenant in Florida, these figures provide a baseline, but complex cases may cost more.

Evicting Tenants Without a Lease and Squatters

A common question is, can I evict a tenant without a lease in Florida? Yes, but the process depends on the situation. Tenants without a written lease, often called “at-will” or month-to-month tenants, are still protected under Florida law. You must provide a 15-day notice to terminate the tenancy, unless they’ve violated terms like nonpayment of rent, which triggers a 3-day notice.

Evicting a squatter in Florida follows a similar process, but it can be trickier. Squatters may claim tenant rights if they’ve established residency (e.g., receiving mail at the property). In such cases, you must treat them as tenants and follow standard eviction procedures. For true squatters (no claim to tenancy), you may file an unlawful detainer action, which is faster but requires proving they have no legal right to the property.

For landlords asking how do I remove a holdover tenant in Florida, the process is identical to evicting a tenant whose lease has expired. Serve a 7-day notice to vacate, then proceed with a lawsuit if they don’t leave.

Selling a Property with Tenants

If you’re considering selling your property but have tenants, you may wonder, can I sell my house with tenants in it Florida? The answer is yes, but it comes with challenges. Tenants with an active lease have the right to remain until the lease expires, unless they agree to vacate early. If you’re in a hurry and thinking, “I need to sell house fast,” you have a few options:

• Sell to a Cash Buyer: Companies like Florida Offer specialize in selling house as is, even with tenants. We buy homes in Tampa, Sarasota, and other areas, offering a cash offer on your house to close quickly without evicting tenants first.
• Negotiate with Tenants: Offer a cash-for-keys deal to encourage tenants to leave voluntarily.
• Sell Subject to the Lease: Market the property to investors who are willing to take on the existing tenants.

Selling to a company that buys houses for cash can be a stress-free solution, especially if you’re dealing with problematic tenants or squatters. At Florida Offer, we understand the urgency of situations where you need to sell your home for cash, and we streamline the process to make it as smooth as possible.

What to Do If a Tenant Refuses to Leave

Despite a court-ordered eviction, some tenants may refuse to vacate. If you’re wondering what happens if a tenant refuses to leave after eviction in Florida, rest assured that the law provides a solution. Once the writ of possession is issued, the sheriff will enforce the eviction, typically within 24–48 hours. Attempting to remove the tenant yourself through actions like changing locks or cutting utilities is illegal and can result in penalties.

If you’re facing a particularly stubborn tenant or squatter, consider consulting an attorney to ensure compliance with all legal requirements. Additionally, if the eviction process is delaying your plans to sell your house as is, home investors like Florida Offer can provide a cash buyer for homes, allowing you to move forward without further hassle.

Empowering You to Move Forward

Evicting a tenant in Florida is a challenging but manageable process when you understand the legal steps, timelines, and costs involved. Whether you’re dealing with nonpayment of rent, a holdover tenant, or a squatter, following the proper procedures ensures you protect your property and rights as a landlord. We know how emotionally and financially taxing these situations can be, and we’re here to support you with practical solutions.

If you’re in Tampa, Sarasota, or St. Petersburg and facing tenant issues while trying to sell your property, Florida Offer is ready to help. As a company that buys houses for cash, we specialize in providing fast, hassle-free solutions for landlords looking to sell their home for cash. Whether you’re asking, “How do I sell my house fast?” or need guidance on navigating an eviction, our team is here to empower you with answers and direction.

By staying informed and proactive, you can resolve your tenant issues and move forward with confidence. Let us help you turn a stressful situation into an opportunity for a fresh start.

References:

• Florida Statutes, Chapter 83 (2023). Retrieved from http://www.leg.state.fl.us/statutes/
• Florida Bar (2023). Landlord-Tenant Law in Florida. Retrieved from https://www.floridabar.org/

This article is based on expert real estate experience. For financial or legal advice, we recommend consulting a licensed professional, such as a CPA, attorney, or government official.