Eviction Services

Envest Realty delivers eviction services as part of our property management services.

What is an Eviction?

An eviction is a legal process by which a landlord removes a tenant and other occupants from rented property. In Florida, tenant eviction can occur for various reasons. The landlord follows Chapter 83 of the Florida Statutes to comply with the Florida eviction process. A landlord must have a justifiable reason or cause to evict a renter from the property. Here are some of the violations that in Florida you can evict a tenant for: a) Violations of the lease agreement; b) Non-payment of rent; c) Violations of local; state or federal laws; and d) Nuisance.

If you have established that there is a reason to evict a tenant, to proceed with the eviction process, you must give the tenant a written notice. Depending on the reason for termination, the following are the different eviction notices that must be served. Choosing the right type of notice is essential. The judge can dismiss the eviction case if you are found to be in the wrong. The following are the types of notices for the state of Florida. Each county can have small variations in the notices, so we always check the county first.

Envest Realty - Eviction, man in distress

Residential Landlord-Tenant Actions

A residential landlord/tenant action applies to the rental of a non-commercial dwelling unit with or without a rental agreement. It involves an action filed by a landlord against a tenant or tenant against a landlord for common disputes dealing with payment of rent and/or non-compliance or breach of a lease or rental agreement.

Chapter 83 of the Florida Statutes provides general information on landlord/tenant actions. Landlord actions typically involve non-payment of rent and recovering possession of the rental property. You should carefully review this section of the law before starting any legal action.

The Basic Steps

There are four different types of notices given to tenants for evictions. Each one is very specific in what it requires. Listed below are the different types of notices. You must provide the tenant one of the following notices by either hand delivery to the tenant or by posting the notice to the tenant’s door. After the required time has passed, you will bring to the Clerk’s Office the filing fees and your complaint, along with copies of one of the notices listed below, and copies of your written agreement, if there is one.

Three-Day Notice
If a tenant has not paid rent on time (on or before the 5th of the month), Envest Realty is required to give the tenant a three-day notice in writing to vacate the premises or pay the rent. After three full days (excluding weekends and legal holidays) have elapsed from the date of the notice (not counting the date the notice is delivered to the tenant), and if the tenant remains non-compliant, Envest Realty will engage our attorney to file a complaint for eviction of the tenant with the Clerk of the Court’s Office. A copy of the three-day notice must accompany the complaint at the time of filing.

Choosing the Correct Seven-Day Notice

The type of seven-day notice depends on why we want to evict the tenant. If the tenant has made a minor infraction of the rules and regulations or the lease, which is a correctable problem, we will choose the seven-day notice (with cure); otherwise, we will select the seven-day notice (without cure).

Seven-Day Notice (With Cure)
If a tenant is undesirable, but the situation can be remedied within seven days (violation of rules and regulations or the lease, such as unauthorized pets, guests, or parking, etc.), the seven-day notice (with cure) should be given. The notice will state the non-compliance and give the tenant seven days to correct the problem or to vacate the premises. The tenant is allowed to stay if he complies. If the tenant does not comply, Envest Realty will use our attorney to file a complaint for eviction based on the notice delivered to the tenant. If the same non-compliance recurs within a 12-month period, Envest Realty may commence with eviction proceedings without giving a subsequent notice.

Seven-Day Notice (Without Cure)
If a tenant is undesirable with a serious non-compliance issue (i.e., destruction, damages or misuse of property, unreasonable disturbance, etc.), the seven-day notice (without cure) is given to the tenant. The notice informs the tenant the rental agreement is terminated and that no further rent will be accepted. It also lists the items of non-compliance. If the tenant has not moved out of the premises within seven days, Envest Realty will begin eviction proceedings.

Envest Realty - Eviction, woman in distress

Fifteen-Day Notice
If Envest Realty needs possession of his property and it is not for any of the above reasons, and the rent is paid on a month to month basis, Envest Realty would give the tenant a fifteen-day written notice to vacate the premises. The notice would state that the rental agreement is terminated, and no further rent will be accepted. This notice is given fifteen days prior to the rent being due. If the tenant does not vacate, Envest Realty will need to file a complaint for eviction. If a written lease agreement has not been entered into, there is no need to do this.

Service of Your Summons on The Tenant
Once our attorney has filed our complaint, our attorney or the Clerk of Court will prepare a summons to be served on the tenant. The summons notifies the tenant of the pending court action and tells them what they are required to do. Envest Realty pays the summons fee to the Clerk of Court. The Clerk of Court will then sign and seal the summons before returning it to our attorney for delivery by the Sheriff or a selected process server. The tenant must comply with the instructions on the summons and file an original answer with copies to our attorney within 5 days of receipt of the summons, not including weekends or legal holidays.

Defendant Complies with the Summons
The defendant may file an answer to Envest Realty’s complaint or summons and, if required, deposit rent monies into the Court Registry. Envest Realty will then need to have our case set for a hearing with the Court. The Clerk’s Office will notify Envest Realty of the date and time.

Defendant Fails to Comply with the Summons
If the defendant fails to file a response, Envest Realty’s attorney will come back to the Clerk’s Office with a Motion for Default and a Request for a Default Final Judgment and Writ of Possession.

If the tenant should vacate the premises or pay the rent prior to Envest Realty filing the Motion for Default, the attorney for Envest Realty will file a Notice of Dismissal.

Executing the Writ of Possession
Envest Realty’s attorney will file a Writ of Possession with the Clerk, who will then sign and issue the Writ. After the Writ of Possession is issued, Envest Realty will deliver the Writ with a check to the County Sheriff’s Office for service.

The eviction process is a very structured and formal procedure that includes a variety of legal actions. These will vary by state and county and can be complicated.

Writ of Possession
A Writ of Possession becomes necessary when the tenant does not move out within the required period given to them by the Courts after the judgment of Eviction and Possession has been granted to the property owner. This process is typically called the “physical eviction.”

Eviction Services