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Is your Tenant not paying rent and you want to evict them? Evictions are extremely hard to do and should be your absolute last resort for your Tenants after contacting them to find a resolution. Remember, it is better to have your Tenant get caught up slowly with a mutual resolution then have to evict them. Here is a step by step guide on how to evict your Tenants in Crestview, Florida. Please note that Kuntz Property Group is not a legal representative and not giving legal advice. Please follow your lease and attorneys guidelines.
Notice
Before even starting the eviction process, you must serve a notice. The recommend notices are:
- 3 Day Notice of Non-Payment - Posted when your Tenant hasn't paid rent yet
- 7 Day Notice to Cure - If there is a lease violation, the Tenants have 7 days to rectify the problem before the eviction process can start.
- 7 Day Unconditional Quit Notice - Tells the Tenant that their lease is over due to a lease violation and they have 7 days to move out. This type of notice only occurs when the tenant intentionally destroys the rental property or other tenants' property, creates unreasonable disturbances, or repeats the same lease violation within a 12-month period.
Delivery of Notice
Florida law requires landlords to mail termination notices to tenants. If the Tenant no longer lives at the rental, the Landlord can leave a copy of the notice at the rental. (Fla. Stat. § 83.56(4) (2024).) If the Tenant isn't at the rental anymore, but the Landlord knows the address where the Tenant currently lives, it's a good idea for the Landlord to send the notice to the current address as well. Landlords should always keep a copy of the notice and notes of when and how it was delivered. Additionally, it is recommended that you take photos of the posted notice with house numbers and as many details as possible
Tenant Eviction Defenses
A Tenant can choose to fight an eviction. This would increase the amount of time the eviction lawsuit takes. The Tenant might have several valid defenses, such as the Landlord making procedural mistakes during the eviction (for example, improperly serving a notice or not waiting long enough before filing the eviction lawsuit). Some other potential Tenant defenses include the Landlord's failure to maintain the rental unit according to law or the Landlord discriminating against the Tenant.
Removal of the Tenant
Landlords must never take self-help measures, such as locking a Tenant out or forcibly removing the Tenant. The only lawful way to remove a Tenant from a rental property is to follow the termination procedures above, and then get an eviction order from a court. Only a Law Enforcement Officer—such as a Sheriff—can physically remove a Tenant from a rental. Taking illegal self-help measures can have serious consequences.
Disposing of a Tenant's Abandoned Property in Florida
If personal property is left behind after a tenant moves out or is evicted, the landlord must notify the tenant in writing. The notice must:
- Describe the property in enough detail that the owner could identify it
- Advise the tenant that the landlord might charge the tenant for the costs of storage
- State where the property can be claimed, and
- Provide a deadline (at least 10 days if the notice is personally delivered, or at least 15 days if the notice is mailed) by which the property must be claimed.
A sample abandoned property notice can be found at Florida Statute section 715.105 (2024). If the tenant doesn't claim the property by the deadline, the landlord can either sell the property or dispose of it. (Fla. Stat. §§ 715.10 through 715.111 (2024).
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