The Eviction Process in Florida

The Eviction Process in Florida: A Step-by-Step Guide

Evictions in Florida follow a specific legal process designed to protect both landlords and tenants. Most evictions are uncontested, meaning the tenant either does not respond to the lawsuit or responds without raising legal defenses that would prevent eviction. Here’s a breakdown of the process, including costs and timelines.

Step 1: Serving a Three-Day Notice

The first step in the eviction process is serving the tenant with a three-day notice to pay rent or vacate the property. This notice gives the tenant three business days (excluding weekends and holidays) to pay the overdue rent or move out. If the tenant fails to comply, the landlord can proceed with filing an eviction lawsuit.

Step 2: Filing the Eviction Lawsuit

Once the three-day notice period expires without payment or voluntary move-out, the landlord must file an eviction lawsuit, known as a complaint, with the court. We also file one summons per defendant at the same time.

Step 3: Serving the Complaint and Summons

After filing, the tenant must be officially notified of the lawsuit. A process server or sheriff will serve the tenant with a complaint and summons, which informs them of the case and their obligation to respond. The cost for a process server typically ranges from $55 to $75 per defendant.

If the process server is unable to personally serve the tenant after multiple attempts, they may serve by posting the summons on the door and mailing a copy to the tenant. This method is known as “nail and mail” service and is legally valid for evictions in Florida.

Step 4: Tenant’s Response Period

Once served, the tenant has five days to respond to the summons, not counting weekends or legal holidays. If the tenant fails to respond within this timeframe, the landlord can request a clerk’s default, which moves the case forward without the tenant’s participation.

If the tenant does respond but does not present a valid legal defense, the landlord can still proceed with obtaining a judgment for eviction.

Step 5: Motion for Final Judgment

If the tenant does not respond or loses in court, the landlord must file a motion for final judgment. A judge will then review the case and, if the eviction is justified, sign a final judgment for possession in favor of the landlord.

Step 6: Issuance of the Writ of Possession

Once the final judgment is granted, the landlord can request a writ of possession, which orders the tenant to vacate the property. The court issues this document to the sheriff, who is responsible for enforcing it. The sheriff’s fee for executing the writ is $90.

Step 7: Sheriff and Locksmith Remove the Tenant

The sheriff will post a 24-hour notice on the tenant’s door, giving them one last chance to leave voluntarily. If the tenant still does not vacate, the sheriff will return with a locksmith to physically remove the tenant and secure the property for the landlord.

Cost of an Uncontested Eviction

How much does an eviction cost in Orlando? For landlords looking for legal representation, Taormina Law charges a flat fee of $1,400 for an uncontested eviction. This covers all standard steps in the process, ensuring compliance with Florida law and minimizing delays.

Conclusion

The eviction process in Florida is straightforward but requires strict adherence to legal procedures. Most evictions are uncontested, meaning landlords can usually regain possession of their property quickly. By understanding the steps and associated costs, landlords can effectively navigate the process and protect their rental investments.

If you are in need of an eviction attorney in Orlando, Orange, Seminole Counties, call 407-818-1659.

Check out more info here https://www.taorminalawpa.com/evictionlawyer

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