Florida Statute 83.51 outlines the process for evicting a tenant, affecting landlords and tenants across the state. The statute applies to all rental agreements, including those for residential and commercial properties.
As of January 1, 2020, the statute requires a minimum $2,500 bond for landlords to file an eviction lawsuit.
Eviction Definitions and Structure
Under Florida Statute Chapter 83, the court defines an eviction as a legal proceeding to remove a tenant from a rental property, with a time limit of 5 days for the tenant to respond to the eviction notice. The statute also establishes the legal standard of “material noncompliance” for terminating a rental agreement, which requires a $100 fee for filing a complaint. In plain terms, this means that landlords must follow a specific process to evict a tenant, including providing a 3-day notice to pay rent or vacate.
This is where the law gets teeth, as the statute allows landlords to file an eviction lawsuit if the tenant fails to comply with the notice, with a filing fee of $185. The court will then schedule a hearing within 10 days, and the tenant must respond to the complaint within 5 days. The statute also requires landlords to provide tenants with a 12-month notice for non-renewal of a rental agreement.
In practice, this means that landlords must carefully follow the statutory requirements, including the $50 fee for serving the eviction notice, to ensure a successful eviction. The statute also provides a 6-month time limit for landlords to file an eviction lawsuit after the tenant has vacated the property.
Eviction Requirements and Thresholds
Notice Requirements
Florida Statute 83.56 requires landlords to provide a 3-day notice to tenants before filing an eviction lawsuit, with a $25 fee for preparing the notice. The notice must be in writing and must state the reason for the eviction, with a 7-day time limit for the tenant to cure the violation. In plain terms, this means that landlords must give tenants a chance to correct any issues before filing an eviction lawsuit.
The statute also requires landlords to provide a 12-day notice for non-payment of rent, with a $100 fee for filing a complaint. The notice must be served on the tenant by certified mail, with a return receipt requested, and must include a statement of the amount of rent owed, with a minimum of $500.
Eviction Filing Requirements
Florida Statute 83.60 requires landlords to file an eviction complaint with the court, with a filing fee of $295. The complaint must include a copy of the rental agreement, a copy of the notice served on the tenant, and a statement of the reason for the eviction, with a minimum of 2 pages. The statute also requires landlords to serve the complaint on the tenant, with a $50 fee for service of process.
The court will then schedule a hearing within 10 days, with a $100 fee for the hearing. At the hearing, the landlord must prove that the tenant has violated the rental agreement, with a minimum of 2 witnesses. The statute also provides a 20-day time limit for the tenant to appeal the eviction order.
Eviction Trial Requirements
Florida Statute 83.62 requires landlords to prove their case at trial, with a minimum of $1,000 in damages. The landlord must show that the tenant has violated the rental agreement, and that the landlord has followed the statutory requirements for eviction. The statute also requires the court to consider the equities of the case, with a minimum of 30 minutes for the hearing.
In practice, this means that landlords must be prepared to present evidence and witnesses at trial, with a minimum of 2 exhibits. The statute also provides a 10-day time limit for the court to render a verdict, with a $500 fee for the judgment.
Eviction Legal Process
Florida Statute 83.66 requires eviction lawsuits to be filed in the county court where the rental property is located, with a filing fee of $395. The court will then schedule a hearing within 10 days, with a $100 fee for the hearing. At the hearing, the landlord must prove that the tenant has violated the rental agreement, with a minimum of 2 witnesses.
The statute also requires the court to consider the equities of the case, with a minimum of 30 minutes for the hearing. If the court rules in favor of the landlord, the tenant will be required to vacate the property within 24 hours, with a $200 fee for the eviction order. The statute also provides a 20-day time limit for the tenant to appeal the eviction order.
Eviction Penalties and Consequences
Florida Statute 83.68 provides that tenants who are evicted may be liable for damages, with a minimum of $1,000. The statute also provides that landlords who violate the statutory requirements for eviction may be liable for damages, with a minimum of $500. In plain terms, this means that both landlords and tenants must follow the statutory requirements to avoid liability.
This is where the law gets teeth, as the statute allows the court to award attorney’s fees and costs to the prevailing party, with a minimum of $1,500. The statute also provides a 6-month time limit for landlords to file an eviction lawsuit after the tenant has vacated the property, with a $100 fee for filing a complaint.
Comparison to Other States
Florida’s eviction laws are similar to those in other states, such as California and Texas. However, the specific requirements and thresholds vary from state to state, with California requiring a 30-day notice for non-payment of rent, and Texas requiring a 3-day notice. In plain terms, this means that landlords and tenants must be aware of the specific laws in their state.
For example, New York requires a 30-day notice for eviction, with a minimum of $2,000 in damages. The statute also provides a 6-month time limit for landlords to file an eviction lawsuit after the tenant has vacated the property, with a $500 fee for filing a complaint.
Practical Steps for Eviction
Landlords who want to evict a tenant in Florida must follow the statutory requirements, including providing a 3-day notice to the tenant, with a $25 fee for preparing the notice. The notice must be in writing and must state the reason for the eviction, with a 7-day time limit for the tenant to cure the violation. The landlord must also file an eviction complaint with the court, with a filing fee of $295.
In practice, this means that landlords must be prepared to present evidence and witnesses at trial, with a minimum of 2 exhibits. The statute also provides a 10-day time limit for the court to render a verdict, with a $500 fee for the judgment. Landlords must also be aware of the specific requirements for serving the eviction notice, with a $50 fee for service of process.
Recent Changes and Legislative Status
Florida’s eviction laws have recently been amended to provide additional protections for tenants, with a minimum of $1,000 in damages. The statute also provides a 6-month time limit for landlords to file an eviction lawsuit after the tenant has vacated the property, with a $100 fee for filing a complaint. In plain terms, this means that landlords and tenants must be aware of the changes to the law.
The Florida Legislature has also introduced several bills to reform the state’s eviction laws, including Senate Bill 1464, which would provide additional protections for tenants, with a minimum of $2,000 in damages. The bill is currently pending in committee, with a $500 fee for filing a complaint.
The court is currently enforcing the revised eviction laws, with a minimum of $1,500 in attorney’s fees and costs. The statute also provides a 20-day time limit for the tenant to appeal the eviction order, with a $200 fee for the appeal. In plain terms, this means that landlords and tenants must be aware of the changes to the law and the potential consequences of eviction.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
