Florida Landlord Tenant Eviction Process

Florida tenant eviction process, also known as a complaint to recover possession, gives landlords a lawful procedure for evicting delinquent tenants. This process also protects tenants from unlawful eviction. Current Florida state statutes outline the eviction process and address both residential and non-residential evictions.

Three-Day Notice

• To start the tenant eviction process, a property owner must serve a three-day notice to the delinquent tenant. The notification must clearly outline demands for the tenant to pay past-due rent or surrender the premises within three days after delivery of the notice. The three-day period excludes weekends and legal holidays. If the tenant fails to respond or does not surrender possession, the landlord may file a formal complaint.

Complaint to Recover Possession

• With the unresolved expiration of a three-day notice, a landlord may file a formal complaint with the clerk of court. This complaint must include a copy of the lease, if applicable, and a copy of the three-day notice. Copies of the complaint and attached paperwork must go to each tenant named in the complaint. The clerk of court will issue an eviction summons to the tenant by process server or local police. If the service in person is unsuccessful, the clerk may order the complaint served by mail.

Complaint Response

• The eviction summons gives the tenant five days to respond. If the tenant provides a proper response, the landlord must then contact the court for a hearing date.

Final Judgment

• If the tenant does not respond, the landlord can file a motion for default by clerk. With this, a landlord can obtain a final judgment for possession and ask for a writ of possession. Once the clerk files the default, the Judge will review the file, enter the final judgment for possession, and direct the clerk to issue the writ of possession.

Taking Possession

• The county sheriff must serve the writ of possession, providing 24 hours for the tenant to surrender the property. If the time expires without compliance, the sheriff has the authority to remove the tenant and his possessions.