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Step 1- The Landlord Sends a Written Notice. Reasons for Receiving a Written Notice to Vacate. Step 2 The Tenant Gets a Summons and Complaint. Landlords may sue tenants who refuse to move out. Step 3 The Tenant Responds to the Complaint. Answering the Complaint. Step 4 Going to Court. The Hearing. Step 5: Being Evicted.
In Florida, a landlord can terminate a tenancy early and evict a tenant for a number of different reasons, including not paying rent, violating the lease or rental agreement, or committing an illegal act. To terminate the tenancy, the landlord must first give the tenant written notice.
In most situations your landlord does not need to give you a reason (although acting on discriminatory or retaliatory motives is illegal). A landlord can simply give you a written notice to move, allowing you 15 days as required by Florida law and specifying the date on which your tenancy will end.
Landlords have the option to evict a tenant who does not pay rent in Florida.If a tenant does not pay rent in Florida, then a landlord can evict the tenant from the rental unit. A tenant will have three days after receiving the eviction notice to either pay the rent or leave the property.
Landlord Does Not Have the Legal Justification to Evict (Lease Violation) If a tenant is violating a portion of the lease or rental agreement, the landlord must give the tenant an opportunity to fix the violation, if possible, before proceeding with an eviction lawsuit.
The notice must state that the tenant has three days to either pay rent or move out of the rental unit or the landlord will terminate the tenancy. If the tenant does not pay rent or move, then the landlord can file an eviction lawsuit at the end of the three days.
If there is no written lease, in most cases, you can evict a tenant or they can leave the property at any time. No proper notice must be given, though most try to give a few days. But you'll want to check with your local county to be sure there are no local restrictions.
In Florida, an uncontested residential eviction can be done in about 14 days (including the three day notice and writ of eviction), if the eviction is based on non payment and tenants fail to deposit monies into the court registry.