The Florida Eviction Process For Landlords
No one on either side of the eviction process truly enjoys it, but it is often a necessary evil, particularly for landlords. If a tenant decides to withhold rent, or otherwise is acting in a manner inconsistent with their lease, the Florida landlord has the right to evict the tenant and rent to someone new. There is a strict process by which this is done, however, and it is important to be aware of proper protocol.
Must Be For Cause
Chapter 83 of the Florida Statutes governs evictions, and lists several different possible scenarios in which a landlord may begin the eviction process. While the most common is nonpayment of rent, any material violation of a tenant’s lease may be grounds for eviction if it is egregious enough (or the tenant does not correct the issue quickly enough). However, the law explicitly forbids what are known as “self-help” evictions; in other words, a landlord may not simply decide to change the locks or otherwise eject their tenant without proper notice or without going through the eviction process.
In general, Florida landlords cannot end a tenancy early unless there is cause to do so. What this means is that if a tenant has a fixed-term lease, a landlord cannot unilaterally decide to ignore it unless the tenant has breached their lease in some demonstrable way. However, if there is cause, a landlord must provide notice before starting the eviction process – depending on the nature of the problem, that notice may be three days or seven.
‘Self-Help’ Evictions Are Forbidden
Once a landlord has provided notice of their intent to evict the tenant, they can work on getting a court order which will allow them to do so. However, it is very common for a tenant to try and fight the eviction – when this happens, it is usually because a tenant is alleging wrongdoing on the part of the landlord, which can create more problems (particularly if the allegations are untrue). Regardless, if a tenant contests the eviction, they cannot be forcibly removed until a court order to do so is obtained.
Once an order of eviction is finally obtained, at that point, the landlord can physically evict the tenant, or enlist local law enforcement to do so. If a landlord attempts to get the tenant out beforehand, they may face civil penalties for doing so, because they do not have the authority to declare their contract with the tenant has been broken – only a court can do that. Evictions can become highly charged endeavors, and with the court’s authority on your side, there is a higher likelihood of the process going smoothly.
Call A Tampa Landlord-Tenant Attorney
If you have a tenant you suspect you may need to evict, contacting a Tampa landlord-tenant attorney can make all the difference in that process going as it should. Attorney Alicia Seward and the Seward Law Office have experience in these matters, and will put it to work for you. Contact our office today to schedule a consultation.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html
