Eviction Process in Florida

Eviction Notice
Eviction Process in Florida

The eviction process in Florida is a detailed and structured legal procedure that landlords must follow when a tenant fails to vacate the premises after the lawful termination of their tenancy. This process involves multiple steps, including filing the eviction in the appropriate county court, serving the tenant with the necessary legal documents, and potentially attending court hearings. Given that timing and procedures can vary across different counties, it is essential for landlords to be familiar with the specific requirements and protocols in their jurisdiction to ensure a smooth and efficient eviction process.

Landlords have a cause of action for eviction when the tenancy is lawfully terminated but the tenant does not vacate the premises. Evictions must be filed in the county in which the rental property is located. The county and circuit court have jurisdiction in eviction actions, but most evictions are filed in county court. Timing and procedures may vary from county to county, depending on the court, clerk of court, and sheriff’s office. The basic process of evictions in Florida are outlined below.

Tenancy Termination 

Before an eviction can be filed, the landlord must have a right of terminating the tenancy. There are several events that could happen for the landlord to have the right of terminating, including: 

– tenant failed to pay rent

-tenant violated the tenant’s obligations (curable or non-curable)

-lease terminated on its own terms

-landlord did not renew the tenancy and tenant is holdover

-death of the last remaining tenant

-the landlord terminates the tenancy pursuant to an early lease termination clause in the lease

If the tenant does not vacate the premises upon the landlord’s lawful termination of the lease, the landlord has a cause of action for eviction.

Eviction

The eviction must be filed in the county where the property is located. The clerk of court must receive the filing. Once received, the clerk will issue a summons so the tenant can be served with the eviction lawsuit. The timing of receiving the filing and issuing the summons varies, depending on the county and their caseload. It could be done the same day or 1 – 5 days later.

Service of Process

The clerk of court issues the summons, and the landlord must choose whether you will have the sheriff office or a licensed process server to serve the summons on the tenants. The tenant can be served in person in the county or in the tenant’s absence at the rental property by posting after the statutory procedures are followed that permit posting of summons. 

Service of process is normally affected 1 – 4 days after the sheriff or licensed process server receives the summons to serve. If the tenant is served by posting, the clerk of court must mail the Summons and Complaint to the tenant via first class mail to the tenant’s address, and the landlord must supply or pay the clerk for the envelopes and postage for mailing. The clerk’s mailing, again, is subject to time variations. 

Once mailed, the clerk will file a Certificate of Service showing the date that the summons and complaint were mailed. The tenant’s answer deadline begins when the tenant is served in person, but if the tenant is served by posting, the answer deadline begins on the date of either the posting or mailing of the summons, whichever happens later.

Tenant Answer or Response

Once the tenant is served with summons, the tenant has 5 days from the date of service to file an answer or response, excluding legal holidays and weekends. If the tenant files an answer, courts handle this differently, depending on the judge. Some judges will automatically set the matter for a Rent Determination Hearing. Other courts will wait for the landlord or his attorney to file a responsive pleading. Other courts will automatically set it for a Final Hearing. The timing in which the court does one of these things varies, depending on the county and judge. 

Knowing how to handle the eviction depending on the tenant’s answer is critical part of the eviction process, as there are plaintiff responses and motions that can be filed to ward off any answers that have no legal sufficiency or when the tenant does not post back rent or file a motion to determine rent as required by F.S. 83.60(2).

Rent Determining Hearing

If the court sets the matter for a rent determination hearing, the hearing date is set by the court. At the rent determination hearing, if the court finds that back rent is owed, the court will enter an order for the tenant to post that back rent owed into the court registry by a specific date and time for the tenant to have the right to contest the matter in a final hearing. Some courts will make a rent determination on their own initiative without a hearing and will order the tenant to post rent into the court registry. Again, the individual courts vary on how they handle evictions once the tenant files an answer. 

Responsive Pleadings

If the court receives a responsive pleading from the landlord or his attorney (e.g. motion for judgment on the pleadings), the court may rule on the motion from his chambers or put the motion on his or her calendar to review for order and may at times require a hearing on the motion. But many times, the court can enter an order on the motion in chambers, without need for a hearing. If the court determines on the landlord motion that the tenant has no defense, based on the pleadings, the court may enter a final judgment in favor of the landlord or may set the case for a rent determination hearing, but if the tenant posted rent already, will set the matter for a final hearing.

Final Hearing

If the tenant posts rent into the court registry (as they are required by F.S. 83.60(2) to do, with few exceptions), a final hearing will be held, where the parties and the witnesses must appear and present their case to the court. This is just like a trial and is subject to all the Florida Rules of Procedure and Evidence. Witnesses must appear either in person or if the court permits by Zoom video appearance. Signed statements by a witness are insufficient to prove an eviction. The final hearing date is set by the court, and it will depend on the court’s calendar. 

Disposition

If the tenant does not file an answer or files a legally insufficient answer and the plaintiff attorney obtains an order of final judgment against the tenant accordingly, the court will order that the tenant be removed by writ of possession. How soon the court orders final judgment depends on the court and county. If a final hearing is held, judgment either in favor or against the landlord will not be entered until the hearing is closed and the court renders an order based on the evidence presented at trial. If the court rules against the landlord, the eviction action will be dismissed.

Writ of Possession 

If the court enters a final judgment in favor of the landlord, the clerk of court must issue a writ of possession to the sheriff to remove the tenant. This process could take a day or more, depending on the clerk of court. Once the sheriff’s office receives the writ of possession, they assign the writ to be served by a deputy. That deputy will serve the writ and notify the tenant that he will execute the writ 24 hours after the writ is posted on the door. If the tenant is still in possession of the premises at that time, the deputy will remove the tenant. If there is property remaining in the premises, the landlord may remove it according to Florida law and the lease agreement. Many times, deputies require the landlord to have a locksmith present at the time that the deputy turns over possession to the landlord. 

Timing

Each county is different in the time to process evictions. In “faster” counties, under normal conditions, an eviction takes about 3-6 weeks to complete, from the filing of the Eviction Complaint to the execution of the writ of possession. In slower counties, it could take longer. Contested cases can take longer in general, and if the tenant is represented by an attorney, legal issues may arise that could delay a final judgment, but unrepresented tenants can also delay the process by filing either sham pleadings or pleadings that state a basis for relief under color of facts and law. 

The eviction process in Florida is a multifaceted legal journey that begins with tenant-landlord relations and ends with legal actions enforced by the courts. Understanding the nuances of each step, from tenancy termination to the final writ of possession, is crucial for landlords navigating this complex process.


Property Management Law Solutions, LLC is a Florida law firm that specializes in landlord-tenant law and is a landlord-only law firm. We provide statewide services including evictions, consultation plans, education and training, membership plans, lease agreement plans and more. If you are a landlord or property manager, contact us today or subscribe to one of our online membership plans.