Outline of the Eviction Process in Florida

1. Grounds for Eviction

• Legal reasons required:
  • Non-payment of rent.
  • Lease violation (e.g., unauthorized pets, property damage).
  • Illegal activity (e.g., drug-related conduct, violent crime).
  • End of lease term (fixed-term or month-to-month).
  • Holdover tenancy (tenant remains after lease expires).
  • No-fault eviction (e.g., terminate month-to-month tenancy).
• Law: Fla. Stat. § 83.40 to § 83.682 (Florida Residential Landlord and Tenant Act).

2. Notice to Quit

• Written notice served:
  • Non-payment: 3-day notice to pay or vacate (excludes weekends/holidays).
  • Lease violation: 7-day notice to cure (if curable) or vacate (non-curable).
  • Month-to-month: 15-day notice to terminate.
  • No-fault/end of lease: 15-day (month-to-month) or 7-day (week-to-week).
  • Illegal activity or holdover: 7-day notice to vacate (no cure).
• Delivery: Hand-delivered, posted on door, or mailed (certified mail).
• Tenant can cure by paying rent (within 3 days) or fixing violation (within 7 days).

3. Filing the Eviction Case

• File Complaint for Eviction (Form 5 or 5A) in County Court.
• Documents: Complaint, summons, Notice to Quit, lease, proof of service.
• Fee: ~$185–$300 (varies by county).
• Timing: After notice period expires (e.g., 4th day for 3-day notice).

4. Serving the Summons and Complaint

• Sheriff or process server serves papers 5 days before response deadline.
• Methods: Personal delivery, left with resident (age 15+), or posted and mailed.
• Tenant has 5 days (excludes weekends/holidays) to file Answer or appear.

5. Court Hearing

• Held 10–20 days after filing.
• Landlord presents evidence; tenant raises defenses (e.g., improper notice, uninhabitable conditions).
• Outcomes: Eviction granted, case dismissed, or agreement (e.g., payment plan).

6. Judgment and Execution

• Writ of Possession if landlord wins.
• Appeal: 5 days (requires bond).
• Writ issued: ~5–10 days post-judgment; sheriff serves 24-hour notice to vacate.

7. Physical Eviction

• Sheriff removes tenant; landlord stores belongings (10–15 days).
• Tenant can reclaim property by paying storage costs.
• Law: Fla. Stat. § 83.62.

8. Tenant Protections

• Rights:
  • Cure violations (3 days for rent, 7 days for lease issues), defenses (retaliation, discrimination, uninhabitable conditions).
  • No self-help evictions (landlord penalties up to 3 months’ rent or damages).
• Resources:
  • Florida Legal Services (407-801-4350), floridalegal.org, flcourts.gov.

Notes

• Disclaimer: General guide; consult a lawyer. Local ordinances may apply.
• Sources: Fla. Stat. § 83.40 to § 83.682; flcourts.gov; floridalegal.org.