What is the eviction process for non-payment in Florida?
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So at this stage, the person has to pay or leave within the three days you give them (§ 83.56(3)). The thing is if they refuse, you have to take them to court. That's the short answer.
Here is the long answer:
So, the law generally prohibits landlords from physically removing tenants from the property or forcing tenants off the property by shutting off their lights, water, gas, or changing the locks. These are called “self-help” evictions and if a landlord engages in them, the landlord could be liable to the tenant for money damages (§ 83.67).
In Florida, the process generally requires a landlord submit:
- A complaint for an unlawful detainer
- A summons (form from the court)
- An “affidavit of non-military.” This means the plaintiff swears they do not believe the person is a member of the military (Non-Military Affidavit)
The tenant has 5 business days to respond once served. Then, if the tenant does not respond, a person can submit a motion for default, along with a motion for final judgment, and the default form (for the judge to sign). You can find an example using this Motion for Default Final Judgment - Damages.
Once the judge has signed the Final Judgment, you may then request the Clerk to issue a Writ of Possession for service on the defendant(s)—if the defendant(s) has not already moved from the premises. You will then need to take the Writ of Possession to the Sheriff’s Office and pay the small fee per defendant to be served.
Please let me know if this has answered your question fully. My goal is to ensure you’re satisfied with my service completely.
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I live in Florida, Pinellas county, and I'm doing a 3 day eviction notice. How does it work?
I understand you're dealing with a 3-day eviction notice in Pinellas County, Florida. Have you already served the notice to your tenant?
I just finished creating it.
Is there a specific reason or violation that prompted you to issue the 3-day eviction notice?
I rented out the room to him without knowing who he was. He is an alcoholic, has a leg monitor, and doesn’t work. He owes me rent for a couple of weeks.
Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your eviction situation.
Thank you.
Hello! Legal Eagle here. I'm reviewing your issue in detail. I only need a few minutes to each of your posts.
Sometimes there are technical issues that prevent me from seeing your responses, so if you have not heard from me in 30 minutes, please know that I am working on those issues as soon as possible. I'm here for you.
Did you already serve the notice?
No, I just created it and signed it, and I’m printing it.
I was just going to hand it to him.
Ok got it! How many months are they behind?
It’s a week by week.
3 weeks.
Got it.
So at this stage, the person has to pay or leave within the three days you give them (§ 83.56(3)). The thing is if they refuse, you have to take them to court. That's the short answer.
Here is the long answer:
So, the law generally prohibits landlords from physically removing tenants from the property or forcing tenants off the property by shutting off their lights, water, gas, or changing the locks. These are called “self-help” evictions and if a landlord engages in them, the landlord could be liable to the tenant for money damages (§ 83.67).
In Florida, the process generally requires a landlord submit:
- A complaint for an unlawful detainer
- A summons (form from the court)
- An “affidavit of non-military.” This means the plaintiff swears they do not believe the person is a member of the military (Non-Military Affidavit)
The tenant has 5 business days to respond once served. Then, if the tenant does not respond, a person can submit a motion for default, along with a motion for final judgment, and the default form (for the judge to sign). You can find an example using this Motion for Default Final Judgment - Damages.
Once the judge has signed the Final Judgment, you may then request the Clerk to issue a Writ of Possession for service on the defendant(s)—if the defendant(s) has not already moved from the premises. You will then need to take the Writ of Possession to the Sheriff’s Office and pay the small fee per defendant to be served.
Please let me know if this has answered your question fully. My goal is to ensure you’re satisfied with my service completely.
I’m going to serve him. I need for him to get out, for my family’s sanity. And, hopefully he leaves.
I won’t take away any of the uses. I’m hoping he leaves. I can’t believe this person.
Oh no sweat! I hope he leaves, too! Did you have any other details you needed addressed or did you have any concerns in general you still needed addressed?
I think I’m good for now. Thank you for the processes.
You bet. I'm sorry to hear about your situation! Thank you for trusting JustAnswer with your question.
