Florida Real Estate Law: What to Do if Your Tenant Refuses to Leave

Florida real estate law provides a structured process for landlords when dealing with tenants who refuse to vacate their rental property. Understanding these laws is crucial for property owners to protect their rights and ensure a smooth rental experience.

When a tenant refuses to leave, the first step is to review the rental agreement. This document often outlines the terms of tenancy and any provisions for termination. If the tenant is violating the lease agreement or failing to pay rent, you may have grounds for eviction.

In Florida, landlords must provide tenants with a notice to vacate. Depending on the circumstances, this notice can be:

• 3-Day Notice: Used for non-payment of rent.
• 7-Day Notice: Used for lease violations that can be cured.
• 15-Day Notice: Applicable for month-to-month tenancies.

After the notice period expires, if the tenant has not vacated, the next step is to file an eviction lawsuit, commonly known as a forcible entry and detainer. This involves submitting the necessary legal documents to the county court where the property is located. It’s recommended to seek legal assistance to ensure all filings are correctly done.

Once the lawsuit is filed, a court date will be set, and both the landlord and tenant will have the opportunity to present their cases. If the court rules in favor of the landlord, an eviction order will be issued. This order gives the tenant a specific time frame to leave the property voluntarily.

If the tenant still does not vacate, the landlord can request the assistance of local law enforcement to carry out the eviction. It’s important to note that landlords cannot take matters into their own hands, such as changing locks or removing tenant property, as this can lead to legal repercussions.

Throughout this process, maintaining clear communication with the tenant can sometimes resolve issues without resorting to eviction. Open discussions may lead to mutually agreeable solutions, such as payment plans or extended timelines.

Additionally, landlords should keep thorough documentation of all interactions, notices, and payments. This information may be vital in court proceedings and can assist in demonstrating the landlord’s compliance and efforts to resolve the situation amicably.

Understanding Florida real estate law and the eviction process can help landlords handle situations when tenants refuse to leave. By following the law and maintaining professionalism, landlords can protect their investments and ensure a fair resolution.