What Steps Do I Need To Take To Evict My Tenant Legally?

The road to eviction can be a bumpy one for both the landlord and the tenant. Following the correct steps required by the local government in the geographic area where the rental property is located will help to ensure a smoother eviction.
Although the eviction process varies by state, and sometimes county or city, there are some steps required by law that are generally universal to the process such as notice, summons, trial or hearing, and a right to appeal.

Using Florida as an example, the steps of the eviction process include:

• Notice

In Florida, the landlord must give the tenant written notification that they have three days to either:

• vacate the property
• pay the rent due (if the eviction is because of past due rent).

If the tenant does not elect one of these options, the landlord can proceed with the next step in the process.

Filing an Eviction Complaint

The landlord should go to the civil division of the courthouse in the county where the property is located to file an official complaint. The Eviction Complaint must include the:

• tenant’s name
• amount of past due rent (if applicable).

The paperwork may take up to 10 days to process, so be prepared for a wait.

Service of the Eviction Summons

Once the Eviction Complaint is processed by the court, an Eviction Summons is taken from it and served to the tenant by the sheriff. The tenant then has five days to respond to the court and state their intentions.

Court Case

The court will be the final arbiter in the matter, and the judge’s actions will depend on how the tenant addressed the Eviction Summons.

Landlords should contact a real estate attorney or the civil division of the local courts to get more information on how to file an eviction in their area. For a qualified eviction attorney in your area, complete our short questionnaire.