Eviction! 6 Steps for the Removal of a Tenant

What is an eviction? A legal order requiring that a tenant vacate leased premises within a specific period of time. If you have found yourself in a situation where you need to evict a residential tenant for non-payment of rent, for violation of the law and/or lease agreement terms, continue reading.

The following are 6 steps Florida landlords must follow in order to evict a residential tenant:

1. Draft a Notice of Eviction.

Landlord must provide tenant with proper notice demanding that the tenant vacate the leased premises within a specific period of time. There are different types of notices required:

• For nonpayment of rent: 3-day notice.

• For lease or law violations: 7-day curative or non-curative notice.

• For termination of a month-to-month tenancy: 15-day prior notice.

2. Serve Notice of Eviction.

If the lease agreement does not give instructions for the service of notice to the tenant, you can serve notice the following ways:

• Handing a copy of the notice to an adult occupant of the premises.

• Post the notice on the door of the premises.

• Send notice by certified mail.

3. Create an Eviction Complaint.

The tenant's time to comply with the Eviction notice starts running on the first day following the delivery of the notice. If the tenant fails to pay the rent due or cure the lease violation, landlord can go ahead and file the eviction complaint.

4. File Your Eviction Packet.

A completed eviction packet needs to be filed with the county clerks' office, which will contain the completed eviction complaint, five copies of the lease agreement and notice provided to the tenant, as well as a pre-stamped envelope that is addressed to all occupants/tenants. The complaint must be notarized or landlord can swear to it in front of a clerk. Finally, landlord must pay the filing fee.

5. Provide Tenant with a Service of Summons.

Once the eviction complaint is filed, the landlord will be given a service of summons. This service of summons must be given to the tenant along with a copy of the eviction packet. Tenant has 5 days to answer an eviction summons.

• What happens if tenant answers and pays the rent or remedies the violation? Landlord must call the court to schedule a hearing.

• What happens if tenant does not answer the summons? Landlord must file a Motion for Default Judgment with the clerk.

6. Go to Court on the Hearing Date.

Landlord must show up at court with a copy of all notices provided to tenant.

• What happens if judge sides with landlord? The court will order the sheriff to evict the tenant in 24 hours.

• What happens if tenant does not show up for the hearing? Landlord must file a Motion for Default with the court.