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If you don’t have an attorney, you risk losing out on rent
and damages that may be due to you. In addition, you may
end up having your case dismissed and having a tenant living
in your property for free.

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* Price is for an uncontested eviction and doesn’t include costs. More information on pricing can be found here.

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Tenant Eviction Help

Eviction process

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UNCONTESTED EVICTION PROCESS

  1. Posting of three-day notice or seven-day notice
  2. Wait three or seven days, not including weekends and holidays
  3. Filing of eviction lawsuit with the County Court
  4. Serve tenant with summons
  5. Wait five days
  6. If tenant does not answer, file request for default
  7. Clerk’s default
  8. Filing for final judgment of eviction with Judge
  9. If tenant is still on the property, get writ of possession
  10. Writ of possession issued
  11. Scheduling removal of tenant with Sheriff

Contested Eviction Process

The tenant has five days (excluding Saturdays, Sundays, and legal holidays) to file an answer to a landlord’s complaint. If the tenant files an answer to your complaint, the eviction becomes contested. An answer can be any type of response, even a handwritten note from the tenant to the Judge. If an answer has been submitted it is strongly advised that you retain an attorney.

After filing an answer, the case can take many unpredictable turns, depending on what the tenant said in the answer. This can lead to protracted litigation, hearings, mediation, and even trial. Our attorneys can help you navigate through this process and avoid the countless legal pitfalls that you may encounter. This is especially true if the tenant has paid representation or legal aid.

If you don’t have an attorney you risk losing out on rent and damages that may be due to you. In addition, you may end up having your case dismissed and having a tenant living in your property for free.

Frequently Asked Questions

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1. What can I do if my tenant has not paid the rent?

The tenant must be served with a three-day notice demanding that the rent be paid or the tenant surrender possession of the premises within three days (excluding the day of service, weekends and holidays), unless the lease gives a different timeframe.

2. How do I evict a month-to-month tenant?

You must serve the tenant with a notice stating that the month-to-month tenancy is terminated and demanding that the tenant surrender possession at the end of the monthly period. The notice must be served at least fifteen (15) days before the end of the monthly period, and the termination date on the notice must be the last day of a monthly period.

3. My tenant has failed to comply with the terms of the lease, other than non-payment of rent, and I want to evict. What can I do?

If the tenant has failed to comply with material provisions of the lease, or reasonable rules and regulations governed by the Florida Statutes, then the law states:

If the non-compliance is such that the tenant should be given an opportunity to cure the non-compliance, the landlord must serve the tenant with a seven-day notice to cure or vacate, stating the non-compliance, and stating that the tenant has seven days to correct the non-compliance or else the lease is deemed terminated and the tenant shall vacate upon such termination. Examples of such non-compliance include, but are not limited to, unauthorized guests, pets or vehicles; failing to keep the premises clean and sanitary; disturbance of other tenants by loud noises. In addition, the notice should state that if the tenant repeats the same conduct or conduct of a similar nature within twelve months, the tenancy is subject to termination without a further opportunity to cure.

4. How do I serve a three-day notice, a seven-day notice or any of the other required notices?

You may serve the notice yourself, or have it served by a process server that works with our firm. It is best to use a licensed process server since it eliminates mistakes and the process server will be perceived by the court as an impartial party with no stake in the matter. If you do it yourself, it’s best to have some proof that you served the notice.

5. How long will it take to evict a non-paying tenant?

The time required to evict a non-paying tenant in an uncontested eviction action can range from 4 to 6 weeks, depending on the particulars of the case and the Court’s busy schedule.

6. I want to sue for back rent. What do I need to do?

Keep in mind that it’s sometimes difficult to collect judgments against tenants. However, if you decide to sue for unpaid rent, add a count to your Complaint for unpaid rent. If the tenant does not dispute the amount of rent due, the Court will also issue a judgment for the amount of rent demanded in the Complaint.

Our Prices

FEE BREAKDOWN FOR UNCONTESTED EVICTION
The following pricing applies to an uncontested eviction for possession only. An uncontested eviction occurs when a tenant does not respond to an eviction lawsuit. The chart below includes the breakdown for a one-, two-, or three-tenant eviction. This information is subject to change.

One tenant

  • Court Filing Fee – $190.00
  • Summons – $10.00
  • Process Server – $40.00
  • Attorney Fees – $195.00
  • Total Cost $435.00

Two tenants

  • Court Filing Fee – $190.00
  • Summons – $20.00
  • Process Server – $80.00
  • Attorney Fees – $195.00
  • Total Cost $485.00

Three tenants

  • Court Filing Fee – $190.00
  • Summons – $30.00
  • Process Server – $120.00
  • Attorney Fees – $195.00
  • Total Cost $535.00

This information applies to an uncontested tenant eviction for possession only.
Generally, an uncontested eviction can take four to five weeks to complete. Depending on the circumstances of your case, this period may be longer or shorter.