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If someone refuses to vacate a rental in Florida, first review the terms of the rental agreement and issue a Florida tenant notice eviction without the lease if appropriate. If the tenant still does not leave, you will need to file an eviction lawsuit in your local court, following the necessary legal steps. Consider seeking help from professionals or legal platforms to navigate this challenge.
Tenants cannot be legally ordered to vacate their residential units unless they have been properly notified of the beginning of the eviction process. State law provides for 3 types of notices: 3-day notice, 7-day notice with a chance to 'cure,' and an 'unconditional quit' 7-day notice.
YOU ARE HEREBY NOTIFIED that your lease is terminated effective immediately. You shall have 7 days from the delivery of this letter to vacate the premises. YOU ARE HEREBY NOTIFIED that the week-to-week month-to-month tenancy under which you hold the premises named above is hereby terminated.
Illegal Eviction Even if you owe rent to the landlord or have violated your lease agreement, self-help evictions are prohibited in the state of Florida. A landlord may recover possession of a rental unit only as provided in Chapter 83, Part II, of the Florida Statutes.
The eviction process in Florida with no lease signed is much easier, as you simply need to serve the tenant an official notice to quit. You don't need to proceed to court as long as you give them time to vacate.
You may also file through the Florida Courts E-Filing Portal by using the link below. If filing an eviction through the E-Filing Portal, you will need to mail or bring in a copy of the complaint, three-day notice, summons, and a stamped addressed envelope for each Defendant.