Eviction is the court-ordered process where a landlord regains possession of a property, typically due to non-payment of rent or other lease violations.
In Florida, this is a summary procedure meant to be expedited, but it must strictly follow the rules set forth in Chapter 83 of the Florida Statutes. It begins with the delivery of a notice, followed by a formal lawsuit filed in the county court where the property is located.
How It Applies to Florida Landlords
Florida law prohibits 'self-help' evictions, such as changing locks, removing doors, or shutting off utilities, regardless of whether the tenant has stopped paying rent. Landlords must go through the court system to obtain a Writ of Possession.
This can be time-consuming, so maintain thorough records of lease agreements, correspondence, and payment logs. Consulting with a local real estate attorney is often advisable to navigate the nuances of the clerk’s office filings and court hearing schedules.
Key Takeaways
- 'Self-help' evictions are strictly illegal in Florida.
- Requires following the specific steps outlined in Chapter 83.
- Success depends on meticulous record-keeping and clear documentation.
- The final step is obtaining a Writ of Possession from the court.