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How to Evicat a Tenant in Florida

In the state of Florida, the process for evicting a tenant is governed by the Florida Residential Landlord and Tenant Act. According to the law, a landlord must first give the tenant written notice of the violation or non-payment, which typically must be at least three days long. If the tenant does not cure the violation or pay the past-due rent within the notice period, the landlord can then file an eviction lawsuit, known as a “complaint for eviction,” in the county where the property is located.

If the tenant does not respond to the complaint within the time allowed by law, the landlord will be awarded a default judgment. If the tenant does respond, the court will hold a hearing to determine whether the eviction is valid. If the court finds in favor of the landlord, it will issue a “writ of possession” which allows the landlord to have the tenant removed from the property by the Sheriff.

It’s important to note that in Florida, the eviction process is relatively quick, and the whole process from start to finish can take as little as 20-25 days. It’s also important to note that a landlord is not allowed to evict a tenant for retaliatory reasons such as complaining about housing code violations, and must not lock a tenant out of the rental unit, cut off utilities, or remove the tenant’s belongings without court order.

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