how to file an ejectment in florida

3 min read 05-02-2025

Evicting a tenant in Florida can be a complex legal process. This guide provides a general overview; however, it's crucial to consult with a Florida attorney specializing in landlord-tenant law for personalized advice and assistance. The specific requirements and procedures can vary depending on the circumstances and type of tenancy. Failing to follow proper procedures can result in significant legal repercussions.

Understanding Florida Eviction Laws

Before beginning the eviction process, it's vital to understand Florida's specific laws regarding evictions. These laws protect tenants' rights and outline the steps landlords must take to legally remove a tenant from a property. Key aspects include:

Just Cause: Florida is a "no-cause" eviction state for most tenancies, meaning landlords generally don't need to provide a reason for eviction, except in specific situations (e.g., rent-controlled properties).
Proper Notice: Landlords must provide tenants with proper written notice before filing an eviction lawsuit. The required notice period varies depending on the reason for eviction (e.g., non-payment of rent, lease violation).
Legal Process: Eviction is a court process, requiring filing a lawsuit with the appropriate court and serving the tenant with legal documents.

Steps to File an Eviction (Ejectment) in Florida

The process of filing an eviction in Florida involves several key steps:

1. Serve a Notice to Vacate

Before filing an eviction lawsuit, you must serve the tenant with a written notice to vacate. This notice outlines the reason for the eviction and specifies the timeframe the tenant has to leave the property. The notice must be served correctly; otherwise, the entire eviction process could be jeopardized. Improper service is a common reason for eviction cases being dismissed. Always consult an attorney to ensure proper service.

The type of notice required depends on the reason for eviction:

Non-payment of rent: Generally requires a 3-day notice to pay rent or vacate.
Lease violation: The required notice period will vary depending on the specific lease violation and the lease agreement. This could be a 7-day notice to cure or vacate.
Lease termination: If the lease has expired and the tenant is holding over without a new lease, a notice to vacate may be required, the length depending on your lease.

Incorrect notice can derail the entire process. Seek legal counsel to ensure compliance.

2. File an Eviction Complaint (Ejectment)

If the tenant fails to comply with the notice, the next step is to file an eviction lawsuit, also known as an ejectment action, with the appropriate Florida county court. This complaint must include specific details about the property, the tenant, the lease agreement (if applicable), and the reason for the eviction.

The complaint will need to be prepared carefully and accurately. An error could lead to delays or dismissal of your case. A lawyer can help you draft a legally sound complaint.

3. Serve the Tenant with the Complaint

After filing the complaint, you must officially serve the tenant with a copy of the complaint and a summons. This ensures the tenant is formally notified of the lawsuit and has the opportunity to respond. Improper service is a common reason for dismissal. This must be done according to Florida's rules of civil procedure. Hiring a process server is recommended for this step.

4. Tenant's Response and Court Proceedings

The tenant has a specific time period (typically 20 days) to file a response to the complaint. If they don't respond, a default judgment may be entered against them. If they do respond, the case will proceed to court hearings.

5. Court Hearing and Judgment

The court hearing will involve presenting evidence to support the eviction. This could include copies of the lease, the notice to vacate, proof of service, and evidence of non-payment or lease violations. The judge will then make a ruling. If the court rules in your favor, you'll receive a writ of possession, allowing you to legally remove the tenant from the property.

6. Writ of Possession and Eviction

Once you have a writ of possession, you must contact the sheriff's office to schedule an eviction. The sheriff's office will then physically remove the tenant from the property. This is the final step in the eviction process.

What to Do if the Tenant Doesn't Leave

If a tenant refuses to leave after a court order, you must contact the sheriff's office to enforce the writ of possession. Attempting to remove them yourself is illegal and could result in serious legal consequences. Never attempt self-help eviction.

Seek Legal Counsel

This is a simplified overview. Florida eviction laws are complex, and making mistakes can be costly. It is strongly recommended that you seek legal advice from a qualified Florida attorney specializing in landlord-tenant law before initiating any eviction proceedings. An attorney can help you navigate the legal complexities, ensure proper procedures are followed, and protect your rights throughout the process.

This information is for educational purposes only and does not constitute legal advice. Always consult with a legal professional for advice tailored to your specific situation.