1. What is a Residential Landlord or Tenant Action?
2. Who can file a Landlord or Tenant Action?
3. Do I need an Attorney?
4. What do I have to do to file a Residential Landlord/Tenant Action?
5. After I give the proper notice, what do I have to do?
6. When will I go to Court?
7. If the Court enters a default, what happens?
8. May a lease for real estate be oral?
9. Under what circumstances can the Landlord gain access to the premises?
10. What is the Landlord's obligation to maintain the premises?
11. What if the Landlord does not comply?
12. What if the Tenant does not comply?
13. What if I as a Tenant fail to live up to the lease?
14. What if I fail to pay the rent?
15. What are prohibited practices by the Landlord?
16. What is proper Notice of Termination of tenancy?
 

The Residential Tenant Eviction Process In Florida For Nonpayment Of Rent is as follows:

The residential tenant eviction process in Florida for nonpayment of rent consists of the following eight steps:

Step # 1: The landlord, landlord's authorized agent or attorney prepares a Three Day Notice To Pay Rent Or Vacate The Premises that can be served on the tenant in person by the landlord, landlord's authorized agent or attorney. The three-day notice can also be sent to the tenant by first-class mail, or posted at a conspicuous place on the rental premises. The tenant has three days after the date of delivery of the three day notice, excluding Saturdays, Sundays and Florida Legal Holidays in which to pay the rent in full or vacate the premises. Please note that landlords must cease the eviction for nonpayment of rent once the tenant pays their rent in full within the three-day period.

Step # 2: The landlord or landlord's Florida licensed attorney files an Eviction Complaint under count II for past due rent with the clerk of the county civil court requesting a Judgment for Past Due Rents.

Step # 3: The clerk of the county civil court issues an Eviction Complaint under count II for past due rent and an Eviction Summons to be served on the tenant in person by a county deputy sheriff or Florida certified process server. The tenant has five days excluding Saturdays, Sundays and Florida legal holidays after being served to file an answer with the court.

Step # 4: If the tenant files an answer to the complaint within the five-day filing period, and deposits the full amount of the rent due into the registry of the court, the landlord or landlord's attorney files a Request for a Hearing with the clerk of the county civil court.

Step # 5: If the tenant files a response to the complaint within the five-day filing period, but fails to deposits the full amount of the rent due into the registry of the court, the landlord or landlord?s attorney files a Proceed to Judgment, notarized Affidavit of Non-Military Service, notarized Affidavit in Proof of Claim for Past Due Rents and Final Judgment for Past Due Rents with the clerk of the county civil court.

Step # 6: The judge enters a Final Judgment for Past Due Rents in favor of the landlord.

Step # 7: If the tenant doesn't file a response to the complaint, and doesn't deposit the full amount of the rent due into the registry of the court, the landlord or landlord's attorney files a Motion for Immediate Default, notarized Affidavit of Non-Military Service, notarized Affidavit in Proof of Claim for Past Due Rents and a Final Judgment For Past-Due Rents with the clerk of the county civil court.

Step # 8: The judge enters a Default Final Judgment For Past Due Rents in favor of the landlord.

1. WHAT IS A RESIDENTIAL LANDLORD OR TENANT ACTION?

A Residential Landlord/Tenant action applies to the rental of a non-commercial dwelling unit and is an action by a landlord against a tenant or a tenant against a landlord on common disputes such as payment of rent, non-compliance or breach of a lease or rental agreement.

2. WHO CAN FILE A RESIDENTIAL LANDLORD OR TENANT ACTION?

A landlord (the owner or lessor of a dwelling) or a tenant (a person entitled to occupy a dwelling unit under a rental agreement) may file a Residential Landlord or Tenant Action.  If you have a commercial, agricultural or personal property lease, you should consult an attorney for the proper procedures to resolve disputes.

3. DO I NEED AN ATTORNEY?

You may wish to consult with an attorney or familiarize yourself with the procedures for enforcing your rights under your lease.  The residential landlord/tenant relationship is controlled by the terms of your lease and by Part II of Chapter 83 of the Florida Statutes.  The procedures for enforcing your rights can be found in section 51.011 Florida Statutes. The public library will have these reference materials.

4. WHAT DO I HAVE TO DO TO FILE A RESIDENTIAL LANDLORD/TENANT ACTION?

Before you can file a landlord action, proper written notice must first be given to the landlord or tenant.  The form of the notice will depend on the landlord's or tenant's reason for terminating the lease.

5. AFTER I GIVE PROPER NOTICE, WHAT DO I HAVE TO DO?

In order to file a landlord action, you must file a complaint and request that the Clerk issue a summons and deliver the summons to the Sheriff or process service for service.

There are different requirements for tenant actions.  If you have any questions, please consult an attorney or refer to Florida Statute 83.

6. WHEN WILL I GO TO COURT?

The party served the summons will have a specific period of time to respond upon the type of summons issued.  If a response is filed or monies are deposited in the court registry, you will need to motion for a hearing or a mediation may be scheduled.  If no response is received or no monies are deposited in the court registry, you may file a Motion for Default with the Clerk's office.

7. IF THE COURT ENTERS A DEFAULT, WHAT HAPPENS?

If the Court enters a Final Judgment against a party in default and the final judgment is for eviction, you may ask the Clerk to execute a Writ of Possession if you anticipate having to forcibly remove the tenant or tenant's property.

8. MAY A LEASE FOR REAL ESTATE BE ORAL?

Yes.  A lease is an agreement to rent property and it may be written or oral.  Most are written, however, because oral agreements can be subject to misunderstandings.  A written lease can be in the form of a formal contract or simply a copy of a letter that states the rights and obligations of both tenant and landlord.  Florida law requires that most notices to and from the landlord must be in writing, even if the rental agreement is oral.  In cases where there is no written lease, the term of your rental payment schedule (monthly, weekly) determines the length of the agreement.

9. UNDER WHAT CIRCUMSTANCES CAN THE LANDLORD GAIN ACCESS TO THE PREMISES?

Once you lease a dwelling your right of possession is much the same as if you owned it.  The landlord can, however, enter at reasonable times and with proper notice to inspect, repair supply agreed services, or show to prospective or actual purchasers, tenants, mortgagees, workmen or contractors.

10. WHAT IS THE LANDLORD'S OBLIGATION TO MAINTAIN THE PREMISES?

If the unit is a single-family home, duplex or mobile home, unless otherwise agreed upon in writing, the landlord must:

• Provide for extermination of rats, mice, roaches, ants and wood destroying organisms;
• Provide running water and hot water;
• Remove garbage from the premises;
• Provide a smoke detector device;
• Provide locks and keys;
• Provide a working heating system; and
• Provide clean and safe condition of common areas.

Yearly - not less than 60 days' notice

Quarterly - not less than 30 days' notice

Monthly - not less than 15 days' notice

Weekly - not less than 7 days' notice