Chapter 83 Provides Eviction Guidelines to Florida Landlords
Unfortunately in this economic recession, many landlords who have previously never had problems with their tenants must face the process of eviction. A landlord makes his or her living by renting out properties, and he or she is not expected to allow a tenant to live for free if the rent is not paid or if the tenant violates the terms of the lease agreement. For landlords who must evict their tenants, the process of eviction may be confusing. Chapter 83 of the Florida Statutes governs the procedures and contains the laws that a landlord must follow to evict a tenant.
First, the landlord must serve the tenant a three day notice (or longer notice period if there is a written lease containing a provision calling for a longer period than three days) demanding the payment of the delinquent rent or possession of the premises. The period excludes the date of service of the notice, weekends and holidays. If the tenant fails to pay the rent demanded in the three day notice or vacate the premises, then the landlord can proceed with a Complaint and Summons. From the time that the Complaint and Summons are served on the tenant, he or she has only five days to file an Answer to the Complaint at the Clerk's Office. If no Answer is filed, the landlord can proceed to obtain a Final Judgment from the Court and have a Writ of Possession issued by the Clerk's Office to the Sheriff. The Sheriff will post a 24 hour notice on the premises advising the tenant that the tenant has 24 hours to vacate the premises and then sometime thereafter if the tenant has not vacated, the Sheriff will arrange a date and time with the landlord for execution on the Writ of Possession. At the time of execution, the Sheriff's Office will then place the landlord in possession of the premises. For further assistance with this process, or to learn more about landlord rights in Florida, contact the Law Office of Jay L. Fabrikant P.A. today.
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