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evictions
Protecting Florida Landlords — Fast, Lawful, and Effective
Florida eviction laws are highly technical and strictly enforced. A single mistake can delay possession or expose landlords to costly claims. Our firm represents residential and commercial landlords throughout Florida, handling evictions efficiently while ensuring full compliance with Florida statutes.
We assist landlords with:
- Residential and commercial evictions
- Non-payment of rent evictions
- Lease violations and holdover tenants
- Notices (3-Day, 7-Day, and statutory compliance)
- Uncontested and contested eviction proceedings
- Writs of possession and post-judgment enforcement
We understand that time is money. Our goal is to regain possession of your property as quickly as the law allows while minimizing risk and disruption.
Serving Florida landlords with clarity, speed, and results.
How to Evict a Tenant
Evictions: There is something that you must know up front; you cannot evict a tenant without a court order. Trying to evict a tenant by extralegal means such as changing locks, turning off utilities, threatening the tenant or engaging in any other act designed to force the tenant to leave, is illegal and may subject the landlord to civil damages to the tenant.
You need a reason to Evict a Tenant
You’ll need a proper reason to evict a tenant. Commonly, that reason is failure to pay rent. But evictions can also be caused by excessive lateness with rent, damage to property, or breaking the lease, perhaps by adopting a pet, having extra people stay in the property, making noise at all hours, or failing to maintain any other provision of your Rental Agreement. If you have a good tenant with a problem you can deal with, consider mediation. Eviction can be time consuming and costly and should be used as a last resort.
Serving an Eviction Notice
3-Day Notice
An Eviction Notice is generally the first step in the Florida eviction process is service of the appropriate written notice. For nonpayment of rent, the Florida eviction notice is a 3-Day Eviction Notice (see Florida Statutes 83.56(3) and 83.595 regarding nonpayment of rent). These notices must contain certain specific information to be effective. When counting the 3day notice period, do not include the first day of service, weekends or holidays.
Unlawful Detainer – Removing Unauthorized Occupants in Florida
An unlawful detainer action in Florida is used to remove an occupant who is in possession of property without any legal right and without a landlord-tenant relationship. This commonly applies when someone refuses to vacate after permission has been revoked or when there was never a lease in place. Unlike eviction, unlawful detainer focuses solely on the right to possession, not unpaid rent. The process involves serving a notice, filing a complaint, and obtaining a court order for possession. With proper legal guidance, property owners can efficiently regain control of their property through this streamlined procedure.
Defenses to Florida Eviction:
If the tenant is alleging a valid defense to the eviction, he or she must deposit the amount of the rent with the court during the pendency of the case. If tenant does not, then a default judgment will be issued.
Eviction Summons and Complaint
If the tenant fails to comply or to leave the property, the landlord needs to file and serve an Eviction Summons and Complaint. A copy of the notice and certificate of service must be produced at the clerk’s office and the completed complaint form notarized by the court clerk.
The summons and complaint must be served by either a registered process server or sheriff. The tenant has 5 days to file an answer with the court. If an answer is filed and served on the landlord within the 5 days, the landlord must contact the court clerk to schedule a hearing date.
Should no answer be filed, the landlord needs to file a Motion for a Default Judgment and request a Final Judgment for Possession, also called a Final Judgment for Removal of Tenant.
The importance of a Real Estate Attorney:
Eviction Notices and the eviction process can be tricky. They’re not only different in every state, but often in every county. If you’re thinking about evicting a tenant, it’s strongly recommended you consult with an attorney. Eviction takes time and it takes follow through. If it goes wrong, you can be stuck with a bad tenant for a long time. So talk with an experienced lawyer before you serve your notice.