Eviction of Tenants

There are three ways available to a landlord for evicting a tenant from a residence:

1.  A three-day written notice for failure to pay rent.
2. A seven-day written notice for failing to comply with material provision(s) of the lease or other laws, rules, regulations, etc…
3. A fifteen-day written notice no later than 15 day before the end of any month to terminate the tenancy if the tenancy is month to month, a seven day notice if the lease is from week to week, a sixty day notice if the tenancy is from year to year, and 30 days if the lease is quarter to quarter.

NOTE: A lease may lengthen the above days for notice, but cannot shorten them. AND if the tenant pays no attention to the notice a case has to be filed in court to evict the tenant. AND if a tenant wants a hearing in court for failing to pay rent, the tenant must put the rent in the court registry or demand a hearing to determine rent.

If there is no lease then these are the ways to evict a commercial tenant:

83.03. Termination of tenancy at will; length of notice
A tenancy at will may be terminated by either party giving notice as follows:
(1) Where the tenancy is from year to year, by giving not less than 3 months’ notice prior to any annual period;
(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days’ notice prior to the end of any quarter;
(3) Where the tenancy is from month to month, by giving not less than 15 days’ notice prior to the end of any monthly period; and
(4) Where the tenancy is from week to week, by giving not less than 7 days’ notice prior to the end of any weekly period.

83.05. Right of possession upon default in rent; determination of right of possession in action or surrender or abandonment of premises
(1) If any person leasing or renting any land or premises other than a dwelling unit fails to pay the rent at the time it becomes due, the lessor has the right to obtain possession of the premises as provided by law.
(2) The landlord shall recover possession of rented premises only:
(a) In an action for possession under s. 83.20, or other civil action in which the issue of right of possession is determined;
(b) When the tenant has surrendered possession of the rented premises to the landlord; or
(c) When the tenant has abandoned the rented premises.
(3) In the absence of actual knowledge of abandonment, it shall be presumed for purposes of paragraph (2)(c) that the tenant has abandoned the rented premises if:
(a) The landlord reasonably believes that the tenant has been absent from the rented premises for a period of 30 consecutive days;
(b) The rent is not current; and
(c) A notice pursuant to s. 83.20(2) has been served and 10 days have elapsed since service of such notice.
However, this presumption does not apply if the rent is current or the tenant has notified the landlord in writing of an intended absence. value of the rental at the time it became due.

83.20. Causes for removal of tenants
Any tenant or lessee at will or sufferance, or for part of the year, or for one or more years, of any houses, lands or tenements, and the assigns, under tenants or legal representatives of such tenant or lessee, may be removed from the premises in the manner hereinafter provided in the following cases:
(1) Where such person holds over and continues in the possession of the demised premises, or any part thereof, after the expiration of the person’s time, without the permission of the person’s landlord.
(2) Where such person holds over without permission as aforesaid, after any default in the payment of rent pursuant to the agreement under which the premises are held, and 3 days’ notice in writing requiring the payment of the rent or the possession of the premises has been served by the person entitled to the rent on the person owing the same. The service of the notice shall be by delivery of a true copy thereof, or, if the tenant is absent from the rented premises, by leaving a copy thereof at such place.
(3) Where such person holds over without permission after failing to cure a material breach of the lease or oral agreement, other than nonpayment of rent, and when 15 days’ written notice requiring the cure of such breach or the possession of the premises has been served on the tenant. This subsection applies only when the lease is silent on the matter or when the tenancy is an oral one at will. The notice may give a longer time period for cure of the breach or surrender of the premises. In the absence of a lease provision prescribing the method for serving notices, service must be by mail, hand delivery, or, if the tenant is absent from the rental premises or the address designated by the lease, by posting.

RESIDENTIAL

LINK:

A residential tenancy is governed by Florida Statutes 83.40 thru 83.681.

NOTE: A Landlord may not use self-help to remove a client.

83.67. Prohibited practices(SELF-HELP)
(1) No landlord of any dwelling unit governed by this part shall cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to, water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by, the landlord.
(2) No landlord of any dwelling unit governed by this part shall prevent the tenant from gaining reasonable access to the dwelling unit by any means, including, but not limited to, changing the locks or using any bootlock or similar device.
(3) No landlord of any dwelling unit governed by this part shall remove the outside doors, locks, roof, walls, or windows of the unit except for purposes of maintenance, repair, or replacement; nor shall the landlord remove the tenant’s personal property from the dwelling unit unless said action is taken after surrender, abandonment, or a lawful eviction.