In Florida, landlords can rent out various residential and commercial properties. Tenants can use these properties according to the terms outlined in their lease agreement. Breaking any provision in this contract carries consequences, which can lead a landlord to pursue the ultimate remedy: eviction.
As an owner or landlord, you must follow specific legal procedures and timelines when evicting tenants. Following these important rules can help protect your property rights while avoiding costly legal mistakes.
If you fail to follow proper legal procedures, not only might your case be dismissed in court should it be challenged, but a tenant could potentially sue you for wrongful eviction.
Allowable grounds for eviction
You can evict tenants when they don’t pay rent. You can be patient and wait a few days past the due date. However, even if a tenant is late on rent for a single month, you have the right to begin eviction proceedings.
Lease violations, such as conducting illegal activities on the property or remaining on the premises after the lease expires, are also grounds for tenant removal under state law.
Required notice periods by situation
If you need to remove a tenant, here are the required notification periods before you can proceed:
- For non-payment: Provide a three-day notice demanding payment or possession. This typically involves posting a written notice on the tenant’s door or sending it via certified mail.
- For lease violations: Issue a seven-day notice (which can be curable or non-curable depending on the violation). A curable violation gives tenants a chance to fix the problem (such as removing an unauthorized pet), while a non-curable violation cannot be remedied and requires the tenant to vacate (such as dealing drugs on the property).
- For month-to-month tenancies: Provide a 15-day notice to terminate, which means informing your tenant at least 15 days before the end of the monthly period that you won’t be renewing the arrangement.
- For annual leases without specific violations (but you still want the tenant to leave): You should provide a 60-day notice, as state law requires this minimum notification period.
Removing or evicting a tenant isn’t ideal for landlords, but is sometimes necessary. For instance, you might need to sell the property, make major renovations or move in yourself, requiring you to end an annual lease with a tenant who hasn’t violated any terms but needs to vacate when their lease period ends.
Protect yourself and your property
Be prepared for potential pushback when serving eviction notices. Some tenants may respond negatively or refuse to leave, but it’s important to maintain professionalism and follow legal procedures regardless of the situation.
Never resort to “self-help” eviction tactics like changing locks or shutting off utilities, as these actions are illegal in Florida. If you encounter resistance or are unsure about proper procedures, consider guidance from a real estate attorney who practices landlord-tenant law.
