Florida Real Estate Law: How to Handle Evictions for Non-Payment

Florida real estate law provides specific guidelines for landlords when it comes to handling evictions due to non-payment of rent. Understanding these laws is crucial for landlords to ensure compliance and protect their rights throughout the eviction process.

First and foremost, landlords must issue a written notice to the tenant regarding non-payment. Under Florida law, landlords are required to provide a three-day notice to pay rent or vacate the property. This notice must clearly state the amount of rent due and inform the tenant that they have three days to either pay the rent or move out. It’s important to provide this notice in writing and deliver it in a manner that can be documented, such as via certified mail or hand delivery.

If the tenant fails to pay the rent or vacate the premises within the specified three days, the landlord can proceed with filing an eviction lawsuit in the appropriate county court. This legal action is initiated by filing a complaint and serving the tenant with a summons and complaint. It’s advisable to seek the assistance of a qualified attorney to ensure that all documentation is accurately completed and properly filed.

After the lawsuit is filed, the tenant will have the opportunity to respond. If the tenant does not respond within the timeframe set by the court, the landlord may seek a default judgment. If the tenant contests the eviction, a hearing will be scheduled where both the landlord and tenant can present their cases.

Should the court rule in favor of the landlord, a judgment will be rendered, and the court will issue a writ of possession. This document allows law enforcement to remove the tenant from the property if they do not vacate voluntarily. It’s important for landlords to refrain from taking matters into their own hands—not paying rent does not give landlords the right to forcibly remove a tenant without proper court procedures.

One key aspect of Florida real estate law is the importance of record-keeping. Landlords should maintain detailed documentation of all communications with tenants, copies of payment records, and any notices served. In the event of a legal dispute, having these records can significantly support the landlord's case.

Additionally, landlords must be mindful of the recent changes in local housing laws that may affect eviction procedures. This includes considering any limitations on evictions associated with economic hardships, such as those prompted by the COVID-19 pandemic. Staying informed about these changes can help landlords navigate the complex legal landscape surrounding evictions.

Finally, it is advisable for landlords to seek professional guidance from a real estate attorney, especially when dealing with evictions. Real estate law can be intricate, and having expertise in legal matters can help avoid costly mistakes while ensuring that the eviction process complies with all applicable laws.

In summary, handling evictions for non-payment in Florida requires adherence to specific legal procedures including issuing appropriate notices, filing lawsuits when necessary, and maintaining thorough records. By understanding Florida real estate law and following the right steps, landlords can effectively manage evictions while safeguarding their interests.