Hello and welcome to our article about the eviction process in Florida. Whether you are a landlord or a tenant, it is important to understand the eviction process and how long it takes. In this article, we will be discussing the steps involved in the eviction process in Florida and how long each step takes. Let’s get started!
Step 1: Notice of Nonpayment or Notice to Cure
The first step in the eviction process in Florida is for the landlord to serve the tenant with either a Notice of Nonpayment or a Notice to Cure. If the tenant has not paid rent, the landlord can serve them with a Notice of Nonpayment. If the tenant has violated the terms of the lease, the landlord can serve them with a Notice to Cure. The tenant then has 3 days to pay the rent or cure the violation.
Timeframe: 3 days
Step 2: Filing the Complaint
If the tenant fails to pay rent or cure the violation within 3 days, the landlord can file a Complaint for eviction with the court. The tenant will be served with a copy of the Complaint and a Summons, and will have 5 days to respond.
Timeframe: 5 days
Step 3: Tenant’s Response
If the tenant files a response, the case will go to mediation. If the tenant does not file a response, the landlord can file a Motion for Default and proceed with the eviction.
Timeframe: Varies depending on whether the tenant files a response
Step 4: Final Judgment
If the case goes to mediation and an agreement is not reached, it will go to a Final Judgment hearing. At this hearing, the judge will decide whether to grant the eviction or not. If the judge grants the eviction, the tenant will have 24 hours to vacate the property.
Timeframe: Varies depending on whether the case goes to mediation and how quickly a Final Judgment hearing can be scheduled
Step 5: Writ of Possession
If the tenant does not vacate the property within 24 hours of the Final Judgment, the landlord can file for a Writ of Possession. The sheriff will then serve the writ on the tenant and the tenant will have 24 hours to vacate the property.
Timeframe: 24 hours
FAQ
| Question | Answer |
|---|---|
| How long does it take to evict a tenant in Florida? | The eviction process in Florida can take anywhere from 3 weeks to several months, depending on how quickly each step is completed and whether the case goes to mediation or a Final Judgment hearing. |
| What is a Notice of Nonpayment? | A Notice of Nonpayment is a notice that a landlord can serve a tenant if the tenant has not paid rent. The notice gives the tenant 3 days to pay the rent or face eviction. |
| What is a Notice to Cure? | A Notice to Cure is a notice that a landlord can serve a tenant if the tenant has violated the terms of the lease. The notice gives the tenant 3 days to cure the violation or face eviction. |
| What is a Complaint for eviction? | A Complaint for eviction is a legal document that a landlord files with the court to start the eviction process. The tenant will be served with a copy of the Complaint and a Summons, and will have 5 days to respond. |
| What is a Final Judgment? | A Final Judgment is a decision made by a judge at a hearing. If the judge grants the eviction, the tenant will have 24 hours to vacate the property. |
Closing Message
We hope this article has been informative and helpful in understanding the eviction process in Florida. Remember, it is important for both landlords and tenants to know their rights and responsibilities. If you need legal advice or assistance with an eviction, it is best to consult with an attorney.
