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This is an overview of the eviction process in Florida, including the termination and eviction notices required for different situations.
A landowner cannot begin an eviction lawsuit without first legally terminating the lease or tenancy. This means giving the tenant written notice, as specified in the state’s termination laws. If the tenant doesn’t move or reform, you can then file a lawsuit to evict.
Florida eviction laws set out detailed requirements to terminate a tenancy. Different types of termination notices are required for different types of circumstances, and each state has its own procedures as to how termination notices and eviction papers must be written and delivered (“served”).
When Can you Send the Tenant a Notice for Termination With Cause?
Although terminology varies from state to state, there are fundamentally three types of termination notices for tenancies that landlords terminate due to tenant misbehavior:
- Pay Rent or Quit Notices, which landlords use when the tenant fails to pay the rent. They give the tenant three days to pay the rent or move out.
- Cure or Quit Notices, which is given after a tenant violates a term or condition of the tenancy or rental agreement. Usually, the tenant is allowed time to correct, or “cure,” the violation. A tenant who fails to sure his shortcoming must move or face the possibility of an eviction lawsuit.
- Unconditional Quit Notices. These orders the tenant to vacate the property with no chance of curing rental agreement violation or pay the rent.
Under Broward county eviction rules, unconditional quit notices are allowed only when the tenant has:
- repeatedly violated a fundamental lease or rental agreement clause
- has been delaying rent payment on more than one occasion
- seriously injured the property, or
- engaged in grave illegal activity, such as drug dealing on the property.
In other states, landlords are not required to give the tenant time to pay the overdue rent or fix a lease violation. In such states, landlords may serve Unconditional Quit Notices for transgressions that would require Pay or Quit Notices or Cure or Quit Notices in other, more tenant-friendly states. In these states, landlords can extend second chances if they wish, but no law requires them to do that.
Even after receiving notice, some tenants refuse to leave or fix the lease or tenancy agreement violation. If you still want such a tenant to leave, you must file an unlawful detainer lawsuit. This involves properly serving the tenant with an eviction summons and complaint.
Sending a Tenant a Notice for Termination Without Cause
Landowners may serve a 30-Day or 60-Day Notice to Vacate to end a month-to-month tenancy without the tenant having done anything wrong. However, many rent control cities do not allow this; they require the landowner to prove a legally recognized reason for the eviction of the tenants.
When the tenant has a fixed-term lease breach, landlords typically cannot terminate the lease without a justifiable cause.
Defenses to Broward county eviction
If the tenant mounts a defense, it may add weeks or months to the eviction process. A tenant may point to mistakes in the notice served or the eviction complaint, or improper service in an attempt to delay or dismiss the lawsuit.
The way that you have conducted business with the tenant as a landlord may also affect the outcome: If your rental unit is uninhabitable or the tenant feels you are retaliating for things like repair requests, that may excuse or shift attention away from the tenant’s misconduct and diminish your chances of successfully evicting him.
Broward county Eviction of the Tenant After Winning Unlawful Detainer lawsuit
If the landowner wins the unlawful detainer lawsuit, they will get a judgment for possession of the property or for unpaid rent. But they can’t just move the tenant and the tenant’s possessions out onto the sidewalk in an attempt of trying to remove a tenant as this can cause a lot of trouble with the law.
Care When Removing Tenants’ Abandoned Property
In some states, landlords can freely dispose of the property a tenant leaves behind after vacating the property. Even in those states, this is legal only when it is quite clear that the tenant has left permanently. However, in many states, landlords must follow storage and notification procedures.
The landlord must give the court judgment to a local law enforcement officer along with a fee that is charged to the occupant as part of your costs to file suit. The sheriff or marshal serves the tenant a notice that the officer will be back within a couple of days to physically remove the tenant if the tenant will not have moved by then.
The Rationale Behind the Tenant Eviction Rules
Landlords often chafe at the comprehensive rules that they must follow. However, there is a reason why most states insist on strict compliance. First, an eviction case is a fast legal procedure. The price to pay for this streamlined treatment is solid adherence to the rules.
Second, a tenant’s home is at stake here, arguably more important than a civil case concerning money or business. Therefore, legislators have been extra careful to see that tenants get satisfactory notice and an opportunity to respond.