In Florida, the laws surrounding evictions are strict. Landlords must follow every step to successfully evict a tenant. Every tenant should know what these steps are to ensure they know their rights.
Steps To A Legal Eviction
The first step to a legal eviction is: The tenant must receive a written notice to vacate.
The second step to a legal eviction is: The tenant must be served with the correct legal paperwork (summons and complaint).
The third step to a legal eviction is: The legal paperwork must be delivered to the tenant by a sheriff or an authorized process server.
The fourth step to a legal eviction is: The tenant does have the right to respond, and in some cases, may include the opportunity to go to court.
The fifth step to a legal eviction is: A Writ of Possession is posted.
What Landlords Cannot Do
Some illegal actions that landlords take are shutting off water, electricity, gas or change the locks. Other illegal actions include removing doors and/or windows, restricting access to the property or removing the tenant’s personal property. If any of these actions happen, the tenant should immediately call the police and a lawyer that has experience with illegal evictions.
If I Am Behind On My Rent, How Could I Afford An Attorney
Consequences To Landlord For Illegal Evictions
It doesn’t matter if the tenant is behind on their rent, the landlord must follow the process for eviction. If the landlord illegally tries to evict the tenant from their home for any reason, including being behind on rent payments, the consequences could be paying the tenant’s rent for up to three months, and in some circumstances, it could be even more. And, if court is necessary, the landlord could be responsible for the tenant’s attorney fees.