Landlord Eviction Resources
As a landlord in Florida, it is important to follow the proper procedure when evicting a tenant. The failure to follow the correct procedure can result in delays in the eviction process and even the dismissal of the eviction case with the obligation to pay the tenant’s legal expenses. There are technical requirements that landlords must follow before and during the eviction process, and the eviction procedure for those landlords who are not familiar with the court system can be confusing.
The following is intended to provide an overview of the eviction process for landlords.
Under What Circumstances Can I evict My Tenant?
Landlords can evict tenants for nonpayment of rent, expiration of the lease term, or for the violation of other terms of the lease or community rules.
- The Tenant has failed to pay their rent
The tenant’s failure to make their monthly rental payments is the most common reason for an eviction. However, before a landlord can proceed with filing an eviction action against their tenant, Florida law requires that the landlord first serve the tenant with a written notice that informs the tenant that they have three days to pay the past due rent or to vacate the property. If the tenant makes the payment of past due rent to the landlord during the 3-day time period, the landlord is required to accept the rent and cannot file the eviction action. See more below on the specific notice requirements.
- Expiration of Lease Term
If there is a written lease with a specific termination date, the terms of that written lease agreement will govern the parties’ ability to terminate the lease at the end of the term.
If there is no written lease agreement or if the written lease agreement does not contain a specific term or termination date, either the landlord or tenant can terminate the tenancy by giving written notice. The amount of advance notice that must be given prior to the termination of the lease will depend on the rental period. When rent is payable monthly, the written notice of termination must be provided at least 15 days prior to the end of the monthly rental period. If rent is payable weekly, then written notice must be provided at least 7 days prior to the end of the weekly rental period. The required notice may also be greater if rent is paid in quarterly or annual periods. See more below on the specific notice requirements.
- Violation of Lease or Rules.
If a tenant is current on their rent but has violated a material term of the lease or a community rule, the landlord may eviction the tenant under certain circumstances.
If the violation is in the nature of destruction, damage, or misuse of the landlord’s or another tenant’s property by intentional act or a continued unreasonable disturbance such as battery of another tenant, the landlord may terminate the lease by providing a 7-day notice of termination. See more below on the specific notice requirements.
If the violation is in the nature of unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary, the tenant must first be provided with a written notice demanding that the tenant remedy the violation within 7 days, or the lease may be terminated. However, if the same violation is repeated by the tenant within a year of receiving a previous notice, the landlord may file an eviction without delivering a new notice. See more below on the specific notice requirements.
How Do I Serve a Termination Notice on My Tenant?
- Notice to a Tenant who has failed to pay their rent
The 3-day notice to pay the past due rent or to vacate the property must contain a statement in substantially the following form:
To: (tenant name and address)
You are hereby notified that you are indebted to me in the sum of dollars for the rent and use of the premises (address of leased premises, including county) , Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the day of (month), (year) .
Deliver payment or possession of the property to:
(landlord’s name)
(landlord’s address
(landlord’s phone number)
I hereby certify that a copy of the above notice was served upon the above named tenant at the above address on the following date: , by the following means:
( ) Certified mail, return receipt requested
( ) Hand delivered to the tenants
( ) Leaving a copy at the premises
By
Print Name:
The notice must be delivered by mailing or hand delivering a copy to the tenant, or if the tenant is absent from the premises, by leaving a copy of the notice at the premises.
- Notice to a Tenant with no specific lease term
The amount of notice required in order to terminate a least with no specific term will differ depending on the length of the rental period. It the tenant makes monthly rental payments the landlord is required to provide a notice of termination at least 15 days prior to the end of the monthly rental period. If rent is payable weekly, then written notice must be provided at least 7 days prior to the end of the weekly rental period. The required notice may also be greater if rent is paid in quarterly or annual periods. The following is a notice termination notice for tenant that make monthly payments but has no defined lease term.
To: (tenant name and address)
You are hereby notified that your month-to-month lease for the use of the premises located at
(address of leased premises, including county), now occupied by you, is terminated at the end of the monthly rental period on the day of (month), (year) .
Deliver possession of the property to:
(landlord’s name)
(landlord’s address
(landlord’s phone number)
I hereby certify that a copy of the above notice was served upon the above named tenant at the above address on the following date: , by the following means:
( ) Certified mail, return receipt requested
( ) Hand delivered to the tenants
( ) Leaving a copy at the premises
By
Print Name:
- Notices to Tenant who Violated the Lease or Rules.
If the violation is in the nature of destruction, damage, or misuse of the landlord’s or another tenant’s property by intentional act or a continued unreasonable disturbance such as battery of another tenant, the landlord may terminate the lease by providing a 7-day notice of termination in the following form:
To: (tenant name and address)
You are hereby advised that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. This action is taken because (cite the noncompliance) .
Deliver possession of the property to:
(landlord’s name)
(landlord’s address
(landlord’s phone number)
I hereby certify that a copy of the above notice was served upon the above named tenant at the above address on the following date: , by the following means:
( ) Certified mail, return receipt requested
( ) Hand delivered to the tenants
( ) Leaving a copy at the premises
By
Print Name:
If the violation is in the nature of unauthorized pets, guests, or vehicles; parking in an unauthorized manner or permitting such parking; or failing to keep the premises clean and sanitary, the tenant must first be provided with a written notice in the following form:
To: (tenant name and address)
You are hereby notified that (cite the noncompliance). Demand is hereby made that you remedy the noncompliance within 7 days of receipt of this notice or your lease shall be deemed terminated and you shall vacate the premises upon such termination. If this same conduct or conduct of a similar nature is repeated within 12 months, your tenancy is subject to termination without further warning and without your being given an opportunity to cure the noncompliance.
I hereby certify that a copy of the above notice was served upon the above named tenant at the above address on the following date: , by the following means:
( ) Certified mail, return receipt requested
( ) Hand delivered to the tenants
( ) Leaving a copy at the premises
By
Print Name:
Who can file an eviction?
Both corporate and individual landlords may choose to hire a licensed Florida attorney to handle the eviction proceeding. If the landlord is an individual, they may also choose to represent themselves in an eviction proceed.
Additionally, both individuals and corporate entities may utilize their property manager to draft and serve the 3-day default notice, draft and file a complaint for eviction, motion for default, and to obtain a final judgment and writ of possession in an uncontested residential eviction for nonpayment of rent. Property managers are defined as those individuals who are responsible for the day-to-day management of the rental property. The uncontested eviction must be handled incidental to the property manager’s management of the rental property. To ensure that a property manager has been designated to handle evictions on the corporate landlord’s behalf, the landlord must give the property manager written authorization to do so.
However, should the eviction become contested at any point, a corporate landlord must be represented in the eviction proceeding by a licensed Florida attorney. An eviction is considered contested whenever a hearing is required.
How do I file an eviction?
If you are an individual landlord and would like to file the eviction case yourself, the Clerk of Court has eviction form packets for you to complete and file. For the Sarasota Clerk of Court’s eviction forms visit. https://www.sarasotaclerk.com/about-us/office-information/forms
The eviction complaint can be e-filed or filed in person at one of the Clerk of Court’s locations providing eviction service. For more information on e-filing visit https://www.myflcourtaccess.com/authority/diy
If you would like to have an experienced attorney handle the eviction proceeding, call Hynds Law at (941) 702–2222.