How to: Evict A Person in Florida

Although we hope for the best, it may not work out that way. That’s why, EPGD has decided to provide a few steps on how to evict a person in Florida.

Step 1 – Determine whether there are grounds for evicting that person.

Step 2 – Send the person you want to evict a letter explaining the issue and stating your right to file an eviction complaint if they do not comply (i.e. ask for payment of lease).

Step 3 – Send a notice of eviction to the person you want to evict.

  • A person should always try to handle the issue without going directly to court. Therefore, before starting the eviction process, you should write the other person a letter explaining why you want them to leave the premises and demanding them to vacate within a specific period of time.

Please note, that the time frame will depend on the cause of the eviction (i.e. for a co- tenant that is on a month to month lease, you would give a 30 day notice to vacate; for non payment of rent, you would give a 3-day notice).

Step 4 – File an eviction packet with the county clerk’s office.

  • If the person did not leave the premises within the specific time frame you gave them, then you file a complete eviction packet, which contains your complete eviction complaint, five copies of the lease agreement, and the notice you provided to the other person.
  • Have the complaint notarized and file it at the clerk’s office, and pay the complaint filing fee (in most counties, it’s approximately $185).

Step 5 – Provide a service of summons to the tenant.

  • Include the eviction packet.
  • Service can be done by a private process server or by a county sheriff, who will then confirm in writing that the notice was delivered.
  • The person has 5 days to answer an eviction summons.
  • If the person fails to answer the summons, file a motion with the clerk seeking a default judgment.

Step 6 – Go to court on your hearing date

  • Make sure to take all notice receipts with you.
  • If the court sides with you, the court will order the sheriff to evict the tenant within 24 hours.
  • The sheriff will serve what is called a writ of possession, which you need to pay for, ordering the person to vacate the property.

EPGD Law is here for you. Call us now to help you if this issue arises. 786-837-6787. You can also email us info@epgdlaw.com.




Categories: Civil Litigation