Eviction & Tenant Rights in Florida
A tenant facing the prospect of an eviction possesses certain rights under Florida law. As a tenant in such a position, you must learn and understand your basic rights. By understanding your basic rights as a tenant you can best defend yourself and protect your legal interests under Florida law in an eviction case.
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Nonpayment of Rent
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Your rights as a tenant include receiving proper notice from a landlord who intends to pursue your eviction. If your Florida landlord desires to remove you from the premises for nonpayment of rent, she must provide you with a three-day notice to pay rent or vacate. Upon delivery of this notice to you, payment of the rent must be made within three days--excluding weekends and holidays--or you must vacate the premises. If you do neither, the landlord legally can pursue an eviction.
Other Lease Violations
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If the landlord maintains you violated other lease terms--damaging the premises, for example--he serves you with a seven-day notice to vacate the premises. In the case of an allegation of damage to the premises, you are not provided an opportunity to attempt to correct the problem pursuant to Florida law.
If you fail to vacate within seven days, the landlord can pursue an eviction under Florida law. Through the eviction case you do raise any defense you have in regard to the allegations raised by the landlord. If you prevail, you win the right to stay in the premises. If you lose the case, the eviction process continues with your removal from the property.
Eviction Lawsuit
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A landlord cannot simply remove you or lock your out of the premises. She must obtain a court order of eviction by filing an eviction lawsuit. Through an eviction lawsuit, you possess the right to present your side of the case at an eviction trial.
At the conclusion of the trial, if the court finds the landlord is entitled to possession of the property, an order issues directing the sheriff to remove you from the premises at a date in the near future. The landlord cannot force you out without the aid of the sheriff. At this juncture, you likely want to make arrangements to move before the sheriff removes you from the premises.
Personal Property
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Florida law permits you to remove your personal property from the premises even following an eviction. The landlord cannot withhold your property as compensation for past due rent or for any other reason.
Legal Representation
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Pursuant to Florida law, you have the right to representation by an attorney in an eviction matter, specifically in an eviction lawsuit. The Florida Bar maintains a directory of attorneys in different practice areas, including real estate and landlord and tenant law. Contact The Florida Bar at:
The Florida Bar
651 E. Jefferson St.
Tallahassee, FL 32399-2300
850-561-5600
floridabar.org
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