LANDLORD RIGHTS & FREQUENTLY ASKED QUESTIONS
A landlord may file a Complaint for Eviction and Damages when the tenant fails to:
- Pay rent within 3 days of receiving a Three Day Notice to Pay or Vacate
- Comply with a Seven Day Notice of Curable Noncompliance(e.g. unauthorized pets) filed for violation of a written lease within 7 days.
- Vacate the property within 7 days of receiving a Seven Day Notice of Non-Curable Noncompliance (e.g. damage, law violations) for violating a written lease.
- Comply with 15 Day Notice to Vacate (other than failure to pay) (usually used in lieu of 7 day notice when there is no written lease to rely upon)
- Vacate the property upon expiration or termination of rental agreement.
- Comply with the terms of the rental agreement.
- Obey local ordinances, Florida statutes (F.S. 83.52) and federal statutes and laws.
- Maintain the rental property in a sanitary condition.
- Grant reasonable access to the property.
Prior to filing an eviction complaint with the court, the landlord must serve to the tenant (dependent upon the infraction) either:
- Three Day Notice to Pay or Vacate
- Seven Day Notice of Curable Noncompliance
- Seven Day Notice of Non-Curable Noncompliance
- 15 Day Notice to Vacate (other than failure to pay)
Pursuant to F.S. 683.01, Sundays and legal holidays are observed in legal notices.
Once the statutory time period on the legal notice has expired (if any) the landlord may file the appropriate complaint with Clerk’s Office.
- Complaint for Eviction and Damages (most common, includes failure to pay)
- Complaint for Eviction Upon Termination/Expiration of Lease (holdover tenant)
- Unlawful Detainer Complaint (unauthorized person that refused to leave)
- NOTE: Don’t forget to attach a copy of the notice if one was required
How much does an eviction cost?
The filing fee for a Complaint for Eviction and Damages is $185 plus $17 per tenant for issuance of the summons.
I want to evict my son, daughter, girlfriend, etc. from my house that I am living in. How do I do that?
Chapter 83 of the Florida Statutes deals with rental property that is owned and rented to another party. If someone was invited to stay in your house, has not paid rent, and you no longer want them there, you would use Chapter 82. In this circumstance you may file an Complaint for Unlawful Detainer in County Court. In order to be successful, you would need to establish that the person (1) was invited into your home, (2) has not paid rent, (3) was asked to leave, and (4) refused.
I am a landlord and the tenant left property in the premises when they moved. Can I throw their belongings out if they have moved?
To protect yourself from any legal action, the landlord should file a formal eviction by completing a Complaint for Eviction and Damages. When the sheriff serves the final paperwork (Writ of Possession) on the property, the landlord is then authorized to remove anything left in the premises.
I won a judgment for damages. How do I collect the money owed to me?
Please visit http://www.sunbiz.org/jlien_how_to.html
TENANTS RIGHTS & FREQUENTLY ASKED QUESTIONS
I am being evicted and I was told I have to be out tomorrow. Is this true?
Evictions require a certain notice period depending on why you are being evicted. The notice periods range from 3 days to 60 days. See Florida Statutes Chapter 83 for your specific notice requirement.
After a judgment is signed and a writ of possession is issued and served on the tenant, the tenant has 24 hours to vacate unless the Judge stays the eviction proceedings. The sheriff will authorize the landlord to remove all personal belongings from the house after the 24 hours and give possession of the property back to the landlord.
Can my landlord evict me when there are so many repairs that need to be made?
Pursuant to F.S. 83.51, the landlord is obligated to maintain the premises according to applicable building, housing, and health codes. Unless otherwise noted in the rental agreement it is the responsibility of the landlord to abide by F.S. 83.51(1-5).
Can I withhold my rent money until they fix the house or apartment?
If you withhold the rent, the landlord will probably file an eviction to have you removed. When you are served wit h the summons, you will have five (5) working days to file an answer with the Clerk and deposit, into the Court Registry, the full amount of rent due and the applicable clerk fees of 3% for the first $500 and 1.5% for the remainder of the balance. The court will then decide on your case. Florida Statute 83.201 refers to withholding rent. You must continue to place your rent and clerk fees into the Court Registry each time it becomes due.
Can I pay rent into the court registry if the landlord has not filed an eviction yet?
No. An eviction must be filed before the tenant can deposit money into the Court Registry.
Additional forms can be found here. If you have additional questions, please contact the Civil Department located in Room 245 at (352)540-6377.