How Does the Eviction Process Work in Florida?
Landlords in New Port Richey, and throughout Florida, often need to evict tenants for many reasons. However, evicting a tenant is not a simple matter of just telling the tenants to leave. There are many legal requirements that must be fulfilled and certain steps in the process that must be followed. To make sure you are in compliance with the law, our New Port Richey evictions lawyer walks you through the process and the steps you will have to take.
Providing Notice to Vacate
Before you can initiate an eviction lawsuit, you must provide the tenant with written notice to vacate the premises. The amount of time you have to notify your tenant depends on the reason you are evicting them. For example, if your tenant has not paid their rent, you have three days to notify them that they can pay rent or vacate the premises. If your tenant violated the terms of the lease, you have seven days to notify them of the eviction or to remedy the situation. In month-to-month tenancy situations, you have 15 days to notify the tenant.
Filing an Eviction Lawsuit
If you provide the tenant with proper notice and they do not comply, you can file an eviction lawsuit. You must submit documentation and additional evidence that supports your claim.
Serving the Tenant
After filing a lawsuit, you must serve the tenant with a summons and other paperwork pertaining to the eviction. You can serve your tenant in a number of ways including:
- Deliver the paperwork to the tenant,
- Provide another credible occupant of the rental unit if the leaseholder is not present,
- Post the letter on the property in a visible space, or
- Send it through certified mail.
After serving your tenant, they will have a certain amount of time to respond.
Court Hearing and Judgment
If the tenant challenges the eviction lawsuit, a court hearing will be scheduled. You then have an opportunity to argue your case while presenting evidence to support your case. The tenant also has this same opportunity. If the court decides in your favor, the judge will issue a judgment for possession.
Enforcing the Judgment
After issuing a judgment for possession, the court will provide the tenant with a timeline for vacating the premises. If the tenant does not voluntarily vacate, the judge will issue a writ of possession. This gives the sheriff the authority to remove the tenant from the rental unit.
Our Evictions Lawyer Can Help You Through the Process
Evicting a tenant is never easy, but there are times when it is necessary to ensure your rights are upheld. At Messina Law Group, P.A., our evictions lawyer can guide you through the process and ensure you fulfill all requirements so you have the best chance of success with your case. We also have offices in New Port Richey OR Tampa, Wesley Chapel, and Dunedin. Call us today at (813) 492-7798 or contact us online to request a consultation and to get the legal help you need.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083.html
