Are you a selfmanaging landlord that has a bad tenant? Is it the 10th of the month and still no rent? Do you get excuse after excuse from your tenant as to why their rent is late? Well, you’re not alone, these are common scenarios that landlords often face in Florida. When you give an inch, they’ll take a mile. As a selfmanaging landlord, the thought of eviction can seem like a daunting task. If done incorrectly, an eviction in Florida can be a timeconsuming and costly event. This blog topic will teach you stepbystep what an eviction entails here in Florida. At The Listing Real Estate Management, we are a fullservice Orlando property management company and serve as a resource to you and your rental property.

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Why Evict?

Most evictions in Florida are going to be grouped into two categories; nonpayment of rent and tenant breach of contract. As a seasoned property management company in Orlando Florida, we have seen that those two reasons are the most popular among evictions in Florida. If the reason you are evicting your tenant in Florida does not fall into these two categories, the best course of action would be your standard Notice of Nonrenewal. This will depend on the lease term. If your tenant has been a pain for the last 10 months, we recommend putting up with them for the remaining two months and letting them go at their lease expiration date. You may regret renting to your current tenants, but rather than going through the headache of eviction, we would suggest just wait it out until their lease ends. Wash your hands of your trouble tenants and hire a professional property management company.

Florida 3 Day Notice to Pay Rent or Quit

Proper notices according to “Chapter 83” Florida Statutes allows you to post a 3 Day Notice to Pay Rent or Quit. This is the notice that needs to be posted (according to your lease agreement.) The laws according to Florida Statutes affect any rental property that is considered long term, anything over 6 months and one day. When your tenant does not pay rent during the timeframe stated in your lease agreement, you will post your 3 Day Notice. Once the 3 Day Notice to Pay Rent or Quit is posted your tenant has three business days (not including weekends and holidays) to deliver rent. If your tenant does not deliver rent before the last day stated on your 3 Day Notice, then it is critical you do not accept rent after that if you wish to pursue the eviction.

7 Day Notice to Cure

You drove by your rental property doing your quarterly driveby and noticed a dog running around the property and three adults living on the premises. As the landlord, you boil with anger knowing that your lease states no pets and no unauthorized occupants. Both of which you know are in breach of their lease agreement. You will need to serve your 7 Day Notice to Cure. Your 7 Day Notice to Cure is when your tenant is in breach of their contract or not following the terms of your agreement. You must give your tenant 7 calendar days to correct the violation. If your tenant refuses to correct the violation, then you will need to continue to eviction and consult your attorney.

15 Day Notice

Terminating a month to month lease agreement according to Chapter 83, Florida Statutes, landlord or tenant can give their 15 Day Notice to Vacate. Month to month lease agreements are not recommended due to the short notice landlord or tenant can give. It can benefit a Florida landlord if the tenant is being troublesome, serve your 15 Day Notice. As a professional property management company in Orlando, we recommend to never agree to a month to month tenancy or carry over your 12month lease into a month to month option.

Now that we understand the proper legal notices served in accordance with Chapter 83 Florida Statutes. Below is the step by step eviction process in Florida:

Steps to Eviction:

Step 1. Deliver/post the notice which applies to your situation (Nonpayment or Breach of Lease Agreement)

Step 2. File the Eviction: Evictions are filed at the courthouse in the county where the property is located

Step 3. Court serves a summons

*Please note, we highly recommend consulting an attorney for eviction consulting and advice.

Looking for professional property management services in Orlando Florida? Reach out to The Listing Real Estate Management, we are a fullservice Orlando Property Management company and focus on you as a homeowner or real estate investor. Visit https://www.thelistingrem.com to contact us.

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