Evictions are an area of law that can be quite difficult to really understand. Both individuals renting a residential or commercial property and landlords leasing properties for others to rent can misunderstand their rights under Florida law.

An eviction usually results from a tenant’s failure to uphold the lease or pay their rent. The more familiar you are with the Florida eviction process, the better equipped you will be to stand up for your rights as a property owner or a tenant.

The amount of notice given depends on the reason for eviction

Exactly how much warning a tenant must receive before a landlord can ask the courts to evict them depends on the reason for the eviction. If a Florida tenant has failed to pay rent, the landlord can use a 3-Day Eviction Notice. Those waiting days must not include the initial day of service, any holidays or weekend days.

For those with a month-to-month lease, usually required is a 15-Day Eviction Notice served at least 15 days before the next rental payment is due. Almost all other evictions, such as eviction for violation of the lease or rental agreement, require a 7-Day Eviction Notice.

Typically, the landlord must provide both an eviction notice and a Notice of Noncompliance. That second notice should include specific explanations of what parts of the lease the tenant violated and how they can remedy it to avoid eviction at the end of the seven-day period.

If the tenant doesn’t leave on their own, the landlord can take them to court

In some cases, tenants will choose to pack up and leave rather than to deal with the stress of eviction proceedings and the potential mark that would leave on their rental history. Other times, tenants may not have any place to go, so leaving simply isn’t an option.

If the tenants don’t leave, the landlord can serve the tenant with the eviction summons and complaint. The tenant then has the right to defend against the potential eviction. In the event that there is no defense made or the defense is unsuccessful, the landlord can then work with the Sheriff’s office to remove the tenant from the property if necessary.

The last step usually involves posting a Writ of Possession in favor of the landlord. Once that notice is posted, the landlord may physically evict the tenant after 24 hours.