Eviction attorney florida

Florida's eviction process is governed by Chapter 83, Part II of the Florida Statutes. Landlords must follow strict notice and court procedures - self-help evictions (changing locks, shutting off utilities, removing belongings) are illegal. Recent legislation has also introduced expedited procedures for dealing with squatters.

Official Law Citation: The legal requirements for giving notice and terminating a tenancy are outlined in Florida Statutes Section 83.56Il-preview mhux disponibbli.

Notice Types and Timelines

3-Day Notice to Pay or Vacate

Used when the tenant fails to pay rent. Must state:

• The exact amount of unpaid rent (no late fees or other charges).
• The demand to pay or vacate within 3 business days (excluding weekends and legal holidays).

7-Day Notice with Opportunity to Cure

For non-monetary lease violations that can be corrected (unauthorized pets, noise violations, damage). The tenant has 7 days to fix the issue. If the same violation recurs within 12 months, the landlord may issue an unconditional quit notice.

7-Day Unconditional Quit Notice

For serious or non-curable violations (intentional property destruction, disturbances, repeated violations). The tenant must vacate within 7 days - no opportunity to cure.

30-Day Notice (Month-to-Month)

As of 2024, landlords must provide 30 days' written notice to terminate a month-to-month tenancy (previously 15 days).

Service Methods Notices can be served by:

• Personal delivery to the tenant.
• Leaving a copy at the residence if the tenant is absent.
• Mail - if mailing, add 5 calendar days to the notice period.
• Email - permitted only if both parties agreed in writing (HB 615, effective 2025).

The Court Process

Step 1: File the Eviction Complaint

After the notice period expires without compliance, file an eviction (unlawful detainer) complaint with the county court.

Step 2: Serve the Tenant

The tenant is served with a summons and complaint. They have 5 business days (excluding weekends and holidays) to file a written response.

Step 3: Tenant Response or Default

• No response: Landlord requests a default judgment for possession.
• Tenant responds: The case proceeds to trial, typically scheduled quickly.

Step 4: Judgment and Writ of Possession

If the court rules for the landlord, a Judgment of Possession is entered. The clerk issues a Writ of Possession.

Step 5: Sheriff Lockout

The sheriff posts a 24-hour notice on the property. If the tenant has not vacated after 24 hours, the sheriff executes the writ and removes the tenant.

Anti-Squatting Law - HB 621 (2024)

Effective July 1, 2024, landlords can request sheriff intervention to remove unauthorized occupants (squatters) without filing a full eviction lawsuit. The property owner must:

• Present evidence of ownership.
• Show that the occupant has no lease or legal right to possess the property.

Self-Help Evictions Are Illegal

Florida law strictly prohibits:

• Changing locks.
• Shutting off utilities.
• Removing the tenant's personal property.
• Any action to force the tenant out without a court order.

Violations can result in damages, attorney fees, and potential criminal charges.

How Landager Helps

Landager automates notice generation and tracks every step of the eviction timeline - from initial notice service through sheriff lockout - maintaining an audit-ready record of your compliance.

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