Q:

What are the steps in the eviction procedure in Florida?

A:

Quick Answer

Florida laws address two general eviction procedures: nonpayment of rent and lease violations, according to Nolo. In the first situation, a landlord serves written notice of the intent to evict and the tenant is allowed three days to make payment. In the second scenario, the tenant is given seven days to either fix the violation or move out.

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Full Answer

After serving a tenant with written notice to either pay the rent or leave the premises, a landlord in Florida must wait three days, not including holidays and weekends, and then file a complaint and summons with the county court, says Nolo. If the tenant pays the rent, the landlord cannot proceed with the eviction. If the tenant moves out, the landlord can use the security deposit to cover the rent.

Florida laws recognize slightly different procedures for curable and incurable lease violations, explains Nolo. Owning a cat or failing to keep the premises clean are examples of a curable violation, and a tenant must be given seven days to remedy such a situation. Willful damage to the property or repeatedly violating the terms of a lease are examples of incurable violations, in which case the tenant must move out in seven days.

In all cases, Florida laws require a landlord to provide written notice, either by mail, by giving it directly to the tenant, or by leaving it at the rental unit in a conspicuous place. If the tenant does not adequately respond to the notice, the final step in an eviction is a lawsuit. It's important for the landlord not to take any action, such as changing the locks or shutting off the power, before the court makes a determination on the lawsuit, advises Nolo.

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