Eviction FAQ’s

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If a tenant has violated the lease agreement, can I exercise “self-help” to remove the tenant?

No. In Florida, you cannot remove a tenant except by the procedures provided in Florida Statutes ch. 83. In short, the landlord must deliver specific notice of termination relative to the violation, and if the tenant does not cure or comply with the legally-sufficient notice, the landlord must file for eviction seeking an order to remove the tenant from the property.

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How can I terminate a tenancy?

  1. When the tenant surrenders possession of the premises, and you accept the tenant’s surrender.
  2. When the tenant abandons the premises, and you retake possession of the premises.
  3. Upon the death of a tenant (presuming the statutory conditions are met).
  4. Upon lawful eviction to remove the tenant.

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If I have filed an eviction for non-payment of rent, and then the tenant pays rent, how can I accept rent from the tenant without it affecting my eviction action?
If you accept rent from the tenant during an eviction action for non-payment of rent, you lose the eviction action. In that situation, you should enter into a written settlement agreement with the tenant prior to accepting rent, and once the court approves your settlement agreement, accept rent from the tenant pursuant to the agreement.
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How much time does it take to evict a tenant from my Florida residential rental property?

It depends on the county where your rental property is located. County clerks of court, judges and sheriff’s offices vary in how quickly they handle the eviction process. In the more efficient counties, the process normally takes 4-6 weeks from the time of filing the eviction to the final judgment. In less efficient counties, the process could take months. Some of this depends on the tenant’s answers and issues raised in the pleadings. You should hire a competent, experienced landlord-tenant attorney to handle your evictions.

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