The eviction process can be stressful and confusing for tenants, especially if you are unfamiliar with Florida’s laws. This guide aims to help you understand your rights and responsibilities as a tenant, as well as the steps involved in the eviction process.

1. Understanding Eviction in Florida

Eviction is the legal process by which a landlord removes a tenant from a rental property. In Florida, landlords must follow strict legal procedures to evict a tenant. They cannot simply change the locks, shut off utilities, or remove your belongings without a court order.

2. Common Reasons for Eviction

Under Florida law, a landlord can begin the eviction process for the following reasons:

• Nonpayment of Rent: The most common reason for eviction.
• Violation of Lease Terms: For example, unauthorized pets or excessive noise.
• End of Lease: If the lease has expired and the tenant has not vacated.
• Illegal Activities: Such as drug use or criminal behavior on the property.

3. Steps in the Eviction Process

Step 1: Written Notice

The landlord must provide the tenant with a written notice. The type of notice depends on the reason for eviction:

• 3-Day Notice: For nonpayment of rent. This gives the tenant three business days (excluding weekends and holidays) to pay the overdue rent or vacate.
• 7-Day Notice with Cure: For lease violations that can be corrected (e.g., unauthorized pets). The tenant has seven days to fix the issue.
• 7-Day Unconditional Notice: For serious or repeated lease violations that cannot be corrected.

Step 2: Filing a Complaint

If the tenant does not comply with the notice, the landlord can file an eviction lawsuit (called an “unlawful detainer”) in county court.

Step 3: Tenant’s Response

Once the tenant is served with the lawsuit, they have five business days to respond in writing to the court. Failing to respond can result in a default judgment in favor of the landlord.

Step 4: Court Hearing

If the tenant files a response, the court will schedule a hearing. Both parties will have the opportunity to present evidence and arguments.

Step 5: Writ of Possession

If the court rules in favor of the landlord, a writ of possession will be issued. This gives the tenant 24 hours to vacate the property. After this period, the sheriff can remove the tenant and their belongings.

4. Timeline of the Eviction Process

Here is an approximate timeline for the eviction process in Florida:

• Day 1: Landlord issues a written notice (3-day, 7-day with cure, or 7-day unconditional).
• Day 4-7: Tenant must comply with the notice or face legal action.
• Day 8-10: Landlord files an eviction complaint in court if the tenant does not comply.
• Day 11-12: Tenant is served with the complaint and has five business days to respond.
• Day 17+: If the tenant does not respond, the landlord may request a default judgment. If the tenant responds, a hearing is scheduled, which may take a few weeks.
• Day 30+: If the landlord wins the case, a writ of possession is issued. The tenant has 24 hours to vacate after the writ is served.

(Note: Timelines can vary depending on court schedules and other factors.)

5. Tenant Rights During Eviction

• Right to Written Notice: Landlords must provide proper written notice before starting the eviction process.
• Right to Contest: Tenants can dispute the eviction in court.
• Prohibition on Self-Help Evictions: Landlords cannot forcibly remove tenants, change locks, or shut off utilities without a court order.

6. Helpful Tips for Tenants

• Document Everything: Keep copies of all communication with your landlord, including notices, emails, and receipts for rent payments.
• Understand Your Lease: Review your lease agreement to ensure you are aware of your rights and responsibilities.
• Act Quickly: Respond promptly to eviction notices and legal documents.
• Seek Mediation: Some disputes can be resolved through mediation without going to court.
• Contact Legal Aid: If you cannot afford an attorney, seek help from a legal aid organization or tenant advocacy group.
• Maintain the Property: Avoid giving the landlord additional reasons to evict you by keeping the property in good condition and adhering to the lease terms.