I’m a Florida landlord with a difficult tenant. I’ve given the tenant the proper Florida termination notice, but he still won’t leave. What next? What is the Florida eviction process?
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Jul 16, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
If you have already properly served the tenant with one of the Florida termination notices and the tenant still will not leave, you may file a Complaint (fee depends on county) with the county court where the property is located, requesting removal of the tenant. You will then have to pay a Sheriff or private process server to serve the tenant. The tenant will have five (5) days to respond. If they do not respond, you may then file a Motion for Default and receive a default judgment in your favor. If the tenant does answer properly, you must contact the court to schedule a hearing. The court will ultimately decide whether or not you should be granted possession and costs. If judgment is entered in your favor, the court will issue a Writ of Possession commanding the Sheriff (for a fee) to put you in possession after 24 hours’ notice is posted on the premises. If at any time you think you are in over your head, you can always seek the advice and counsel of a Florida evictions attorney.