How to Legally Evict a Tenant According to Florida Eviction Laws

Landlord Protection How to Legally Evict a Tenant According to Florida Eviction Laws

How to Legally Evict a Tenant According to Florida Eviction Laws

Living in an apartment has many benefits. But the downside is that landlords are often in control, which can create uncertainty for tenants. One issue, in particular, is the occasional eviction notice. If you are a tenant in Florida and just received an eviction notice, it's important to note that there is a specific process that landlords must follow. Additionally, they will need a sound reason to evict a tenant in Florida. These are all in the .

At DoNotPay, protecting tenants is a top priority. If you have been served an eviction notice for any reason, DoNotPay is here to help. Today we're going to walk you through what steps you will need to follow to fight a Florida tenant eviction notice and how you can take time off of your hands by using DoNotPay's product to fight the validity of the eviction. 

Reasons to Evict a Tenant

If you've received an eviction notice from a landlord in Florida, it's important to note if their reasons to evict you as a tenant are according to the . The three reasons a landlord can evict you include:

  • Failing to pay rent
  • Not following the rules of the lease
  • Not maintaining your unit according to the minimum standards set by Florida laws.

Are There Situations Where Landlords Can't Evict a Tenant?

Yes, there are instances when a landlord cannot evict a tenant. More specifically, landlords are unable to take matters into their own hands when it comes to eviction. Instead, landlords must take the appropriate legal action if they want to remove a tenant from the building. A landlord cannot evict a tenant by

  • Removing your unit's door
  • Changing the locks to prevent you from entering your unit
  • Interfering with your utilities by doing things such as cutting off your water supply

Can You Sue a Landlord for Eviction in Florida?

Yes, tenants have an opportunity to sue their landlord in Florida if they do not follow Florida laws when it comes to the eviction process. Landlords must adhere to the Florida eviction process outlined below to evict a tenant successfully.

What Does the Eviction Process Look Like in Florida?

If a landlord in Florida wants to evict a tenant, they must follow a specific process, which entails the following:

Give the Tenant a Sufficient NoticeThere are various options when it comes to providing an adequate eviction notice to tenants. This may include a 3-day notice for tenants who don't pay their rent on time or a 7-day notice for lease violations. In addition to this, the landlord must properly provide the notice to the tenant. This means hand-delivering the eviction notice or mailing the notice if they cannot get in contact with the tenant.
Write a ComplaintA landlord will need to write a complaint and file an eviction lawsuit in the county court to serve the tenant.
Serve the Tenant with the Eviction ComplaintThe tenant will need to be served with the eviction complaint and summons by the court for the court to get personal jurisdiction.
Attend the Court HearingLandlords will need to attend the court hearing, win a judgment, and get a Writ of Possession.

How to Fight an Eviction Notice on Your Own

If you're a tenant in Florida and would like to fight or delay an eviction notice, there are a few options you can try on your own. It's important to note that every action you take after receiving an eviction notice is time-sensitive, meaning you must move quickly for the best success. Here are a few options you can consider.

  1. Talk to Your Landlord: You have a good chance of delaying an eviction by first talking with your landlord. The truth is, most landlords don't want to go through the eviction process if they can avoid it, as the eviction process is costly. If you're being evicted due to unpaid rent, see if you can make payment arrangements to get back on track.
  2. Raise a Defense: If you believe that you are being wrongfully evicted, it's a good idea to fight the eviction. You can do this by filing an answer and raising a defense to the eviction claim.
  3. Ask for a Continuance: If you are representing yourself in court, you can ask the judge for a continuance to delay the eviction. This will give you time to gather evidence if you believe you are wrongfully being evicted. Keep in mind that the judge will likely ask you for some evidence that proves you deserve a continuance.

How to Successfully Fight an Eviction Notice with DoNotPay

Have you received an unexpected eviction notice in Florida and want to fight it? Let DoNotPay help. Whether you're late on rent or you believe your tenant rights have been violated, DoNotPay can help you delay or avoid eviction in the state of Florida. Unfortunately, fighting an eviction notice can be difficult. These matters are time-sensitive and often require a lot of documentation. Let DoNotPay help you draft a demand letter to increase your chances of avoiding eviction.

All you have to do is:

  1. Search for and open the Landlord Protection product on DoNotPay.


  2. Select which issue applies to you.


  3. Answer a simple set of questions so our chatbot can collect the necessary information to create your demand letter.


  4. Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter and it didn't work, we can help you start the small claims court process.

What Else Can DoNotPay Do?

DoNotPay makes getting a  a breeze, and they are quick, stress-free, and successful. Even better, security deposit refunds are only one of the many things DoNotPay makes easy. 

If you have other issues with a landlord, DoNotPay is here to help. For example, if you need repairs but do not know what your landlord is responsible for or how to ask, DoNotPay makes the process simple. If you face eviction or your landlord didn't give you notice, DoNotPay has you covered. DoNotPay can help you file a complaint against your landlord or even kick out a roommate.

DoNotPay is fast, easy, and successful at working on your behalf.  to get started with our product!

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