Florida Eviction Process

 

 

 

 AFFIDAVIT OF MILITARY SERVICE

This is a document that is needed when the plaintiff is seeking possession and judgment. 

If the defendant fails to appear after being served of the court proceedings, the judge will need this document to be filled out in order to award judgment and possession.

Florida Eviction Process

Non-Payment -3 business days

Infractions of the Lease-7 days

End of Tenancy -One year 60 days month to month 15 days

Evictions-Court 1 (Possession) Court 2 (Possession and rent due)

1) Complaint for Removal

2) 5 Day Summons

3) Writ of Possession

Non-Payment: When rent is past due, the landlord must serve a 3-day notice personally. The tenant has 3-business days to pay the rent.

Breaking of Lease: When the tenant breaches the rental agreement, the landlord must serve a 7-day notice personally. If the tenant fails to correct the problem within 7-business days, the landlord can proceed to the eviction process.

End of Tenancy: The landlord must serve a 60-day notice prior to due date, if the tenancy is for a year. If the lease is 3 months, a 30-day notice is required. If it is a month to month, a 15-day notice is required.

The Statement of Responsibility form is explaining the responsibility of the landlord under the Landlord and Tenant Law of Florida Chapter 83 Florida Statutes. 

The Notice of Permanent Mailing Address form is used by the clerk of courts to verify the plaintiff’s address for correspondence. 

The Complaint for Eviction and Evictions Summons will be served by the sheriff to the tenant. 

There is a Complaint for an Eviction other than rent, Complaint for Eviction (7-Day Notice), (15-Day Notice), 

Complaint for Eviction - Holdover Tenant. When the tenant gets served the Complaint and Summons, they must deposit the rent that the landlord alleges into the court registry to participate in the court proceedings. 

If the tenant fails to deposit funds in the court registry, the landlord can file a Motion for Default Final Judgment - Damages with the clerk.

If the tenant deposits the funds in the court registry and appears at the court proceedings, a Final Judgement Eviction document must be submitted to the judge. 

The landlord must file an Information Sheet and Writ of Possession document to the clerk. These two documents will be forwarded to the sheriff ordering the removal of the tenant. 

The landlord and tenant can come to an agreement to avoid the eviction. A stipulation form is used with the landlord and the tenant signing the agreement. 

If the tenant fails to pay the agreed amount set forth, the landlord must file an Affidavit of Non-Compliance. This document states that an agreement had been made and tenant failed to pay. The landlord is motioning to obtain the judgment and regain possession of rental property.

Judgment Lien Certificate: 

After a judgment is awarded in the Eviction or Small Claims Court, the plaintiff should file a Judgment Lien Certificate with the clerk. The Judgment Lien Certificate should be filed in the county the defendant resides.

TIPS FOR RETREIVING YOUR RENT

1. We show the tenant the quit or pay notice at lease signing. Explaining that if we don’t get all the rent within the time frame stated, we will obtain an eviction to seek relief for rent due and possession.

2. On the rental application, be sure to have a middle initial, birth date, social security number, closest of relatives, preparing yourself with information for the post-judgment proceedings.

3 When the tenant calls regarding the quit or pay notice, ask if they can pay the rent past the time allotted on the notice, make them commit to a time when all the rent will be received with the late fee.

4. Stress at the move-in that the rent is the number one bill. The rent should be paid before paying the cable, cell phone bills, or eating out at restaurants. We want our money.

 5) Don’t be afraid to say, “If the rent is past due, I want the late fee”. We stress that when we pay our bills late and pay the fee.

6) Obtain all your security deposit before move-in. The first money you collect is for the security deposit.

7) Naturally, in a perfect business relationship between landlord and tenant, the tenant has the first and last month’s rent and all the security deposit. But we find we are dealing with clients that live week to week. Try to get as much of this before move-in as you can. First money you collect is for the security deposit then when that is paid the next is towards the first month’s rent.

8) Remember that this is business. Don’t take remarks seriously. Business is tough. Respect it. It is not supposed to be warm and fuzzy.

9) Avoid verbal confrontations, stick to serving the notices, obtaining court proceedings and post judgments. Why fan the fire? Let’s face it. Actions speak louder than words!

10) Never rent to family or friends. This is a good way to end a relationship and if we have to evict, the once good situation, becomes very ugly.

 

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