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What should I do if my tenant has violated the lease agreement and refuses to vacate the property in Florida?

Picture of Chris Battis By   ·  1 minute read

If your tenant has violated the lease agreement and is refusing to vacate the property in Florida, you may have legal options available to evict the tenant. Here are the steps that you may want to consider:

  1. Review the lease agreement: Check the lease agreement to see if it provides specific provisions for eviction or breach of contract. This may help you understand the terms of the lease and the specific clauses that the tenant has violated, which can be useful in court.
  2. Send a written notice to the tenant: In Florida, you need to provide a written eviction notice to the tenant before attempting to evict them. This notice must detail the reasons for the eviction and give the tenant a certain amount of time to vacate the property. Different types of evictions require different notice periods, so make sure to review Florida laws for the specific requirements.
  3. File a petition for eviction: If the tenant fails to vacate the property within the given notice period, you can file a petition for eviction with the local courthouse. This petition initiates the legal process to evict the tenant and require them to appear in court.
  4. Attend the court hearing: When you file the petition for eviction, the court will set a hearing date to hear your case. You will need to attend the hearing and present evidence to support your claim for eviction. It is important to have all documentation related to the lease agreement, payment history, and any communications with the tenant available for the hearing.
  5. Obtain a writ of possession: If the judge finds in your favor at the court hearing, the tenant will be ordered to vacate the property by a certain date. If they fail to do so, you may need to file for a writ of possession, which authorizes the sheriff's office to physically remove the tenant and their property from the premises.

It is important to note that there are limitations and exceptions to these steps, and each eviction case can be different. If you are unsure of the legal process, or if the tenant has an attorney, you may want to seek legal advice from a licensed attorney.