Residential Eviction Basics

Florida Landlord Tenant laws are a double edged sword that can cut both ways. File an improper eviction and lose in court and you will pay the tenants legal fees and costs in addition to your own costs. Failure to correctly prepare and serve a proper 3 day notice to terminate the tenancy can result in large legal fees being assessed against you the property owner. The fact that the tenant has not paid is irrelevant. Be sure and confident when you file your eviction complaint.

Basics of a proper residential eviction:

  1. Prepare and serve a legal three day notice and terminate the tenant's tenancy for failure to pay, or file a notice of non-renewal or rules violation with option to cure or not. Preparing and filing the proper notice is key and should be discussed with a knowledgeable attorney first.
  2. Prepare the Eviction complaint for possession and possible damages. Money damages re hard to obtain from a delinquent tenant and 98% of the time are not worth the extra time and money involved. It is better practice to seek possession only and not raise any claim to a money judgment.
  3. File the Complaint with the Clerk and pay the filing fee of $195.00 and have the sheriff or private process server serve the complaint. A clerk will mail a copy to the tenant and once the tenant is served they have 5 legal days t respond. Failure to respond or pay, then we move for an immediate default and default final judgment of possession.
  4. Having received the final judgment the clerk will issue a writ of possession (if needed) and deliver the sheriff to execute. The cost of the writ is serve is $90.00. We put your contact information on the writ for the sheriff to call the property owner or agent and schedule the move out. If the tenant fails to move, you must be prepared to move the tenant's personal property to the street an change the locks, the sheriff will only stand by and keep the peace if needed.

Being a landlord and cognizant of the time value of money, Edward Meiner can remove problem tenants and recover possession of your property quickly and reasonably.


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