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Examples of illegal ?self-help? evictions include changing the locks, removing the front door, or turning off the heat or electricity?all of which may be the basis for a tenant suing a landlord. Florida tenants may sue for actual damages or whichever is greater. A tenant may recover court costs and attorney fees.
An uncontested residential eviction for non-payment of rent may sometimes be finalized within approximately 4 to 5 weeks, but a contested eviction may take longer to finalize. Before a landlord may file an eviction case in court, the tenancy must be terminated.
Give the tenant a 3-days notice to either pay the outstanding rent or vacate the premises. Write down a complaint and file for eviction. Eviction can be filed with any county clerk serving at a court in a particular county. The landlord must mention ?Plaintiff? and his/her contact details on the complaint.
Other types of notices cover no lease tenants or holdovers The landlord only has to send proper notice to the tenant, allowing for the number of days provided by Fla. Stat. § 83.57. For instance, month-to-month tenants must be given 15 days to vacate.
Florida law allows for a legal action know as an Ejectment to remove a non-rent paying person living in your home, who has not signed a lease and has no title or interest in the property. Often times, this involves a person whom you have allowed to live in your home and who later refuses to leave when asked.