INSTRUCTIONS Form 5 should be used if only eviction of the Tenant is sought. Form 5A should be used to evict the Tenant and recover damages (past due rent). FORM NOTES ARE FOR INFORMATIONAL PURPOSES ONLY AND MAY NOT COMPLETELY DESCRIBE REQUIREMENTS OF FLORIDA LAW. YOU SHOULD CONSULT AN ATTORNEY AS NEEDED.
How long does the eviction process take in Florida? On average, it takes 20 - 37 days to evict a resident of your rental property in Florida. If the eviction is not contested and the process runs smoothly, it could take as little as 7 - 15 days.
A landlord cannot spontaneously decide to evict a tenant; they must follow a legal sequence of actions, beginning with serving the tenant a written notice.
A Florida landlord can terminate without cause a month-to-month tenancy by giving the tenant a written notice at least 30 days before the end of the monthly period. The notice must inform the tenant that the tenancy will end in 30 days and that the tenant must move out of the rental unit by that time. (Fla. Stat.
Broward has a large population of Tenants. As a result, there are significant number of Evictions. Despite the amount, it takes 4 to 5 weeks.
But, you cannot be evicted without a court order.
Eviction Steps: Step 1 — Issue Notice. Pursuant to Florida Statues Chapter 83.56 a notice is required prior to filing an eviction. Step 2 — Fill out Forms. Step 3 — Service the Tenant. Step 4 — Judgment & Writ of Possession.
For a weekly tenancy the notice must be provided seven days before the date in which the next week would begin. For a monthly tenancy the notice of non-renewal must be provided fifteen (15) days before the last day of the monthly rental period.
You may file your case with the Clerk of the Circuit Court & Comptroller's office online using the statewide E-Filing portal, or in person or by mail at any Clerk of the Circuit Court & Comptroller courthouse location.