I’m a Florida landlord with a difficult tenant. I’ve given the tenant the proper Florida termination notice, but he still won’t leave. What next? What is the Florida eviction process?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2021

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If you have already properly served the tenant with one of the Florida termination notices and the tenant still will not leave, you may file a Complaint (fee depends on county) with the county court where the property is located, requesting removal of the tenant. You will then have to pay a Sheriff or private process server to serve the tenant. The tenant will have five (5) days to respond. If they do not respond, you may then file a Motion for Default and receive a default judgment in your favor. If the tenant does answer properly, you must contact the court to schedule a hearing. The court will ultimately decide whether or not you should be granted possession and costs. If judgment is entered in your favor, the court will issue a Writ of Possession commanding the Sheriff (for a fee) to put you in possession after 24 hours’ notice is posted on the premises. If at any time you think you are in over your head, you can always seek the advice and counsel of a Florida evictions attorney.

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