Eviction is rarely a landlord’s first choice, but sometimes it’s the only way to protect your investment. A poorly handled eviction can lead to delays, legal trouble, and unnecessary stress. On the other hand, a clear, lawful process ensures you stay in control while resolving the situation efficiently. Here are some beneficial ways to approach the eviction process.
Establishing the Legal Grounds
Florida law allows evictions for several reasons, but it shouldn’t be about personal feelings, so of course, you need to show the facts. To start, you need a documented, lawful reason to terminate the lease. Common grounds include:
- Non-payment of rent
- Lease violations, like unauthorized pets, property damage, or illegal activity
- Holding over, when the lease has expired, and the tenant refuses to leave
- No-fault evictions, where allowed, such as reclaiming the property for personal use or selling it
Serving Notice the Right Way
The eviction process officially begins when you notify the tenant. The type of notice depends on the situation and your local laws:
- Pay or Quit Notice: Demands payment of overdue rent within a set number of days or vacating the property.
- Cure or Quit Notice: Gives the tenant a chance to fix a lease violation.
- Unconditional Quit Notice: Requires the tenant to leave without the option to remedy the issue.
- Notice to Terminate Tenancy: Typically used for no-fault evictions, with timelines ranging from 30 to 90 days depending on the tenant’s length of residence.
Delivery matters. Some states allow you to post the notice on the door, while others require certified mail or personal delivery. Florida law allows notice to be hand-delivered, posted on the door, or sent by certified mail. Double-check that your notice includes all required information, like the reason for eviction and a deadline for compliance.
Filing the Eviction Lawsuit
If the tenant doesn’t comply with the notice, the next step is filing an eviction lawsuit, often called an unlawful detainer. This step is where you ask the court for the legal right to reclaim your property.
Your case hinges on the details, so ensure your complaint includes everything: the lease, notices, payment history, and any communication records. Once filed, the tenant must be served the Summons and Complaint using legally acceptable methods. From there, the tenant has a limited time—often 5 to 15 days—to respond.
The Court Hearing
If the tenant contests the eviction, the court will schedule a hearing. This is your chance to present your case and show that you followed all required procedures.
At the hearing, you’ll need to:
- Prove valid grounds for eviction.
- Show evidence that you complied with notice and filing requirements.
Tenants often raise defenses, such as claiming improper notice or that the landlord neglected property maintenance. Clear, concise records make all the difference here. If the judge rules in your favor, you’ll receive a judgment for possession and possibly unpaid rent or damages.
Enforcing the Eviction
Winning in court is a milestone, but it doesn’t guarantee the tenant will leave. If they stay past the court-ordered date, you’ll need a Writ of Possession, which authorizes law enforcement to carry out the eviction.
This part of the process is strictly by the book—no changing locks, no shutting off utilities, no touching the tenant’s belongings without court authorization. Self-help evictions are illegal in most states and can create significant liability.
Protect Your Investment
Evictions are a process, not a shortcut. Handling them correctly protects your property, your finances, and your reputation as a landlord. For landlords who value doing things the right way, Atlas Law is here to help. Call us at 813.241.8269 to ensure every step is handled with care and precision.