The Orlando Florida Apartment Eviction Process
To evict a tenant in Orlando, the landlord must first obtain a court order and then make arrangements with the Orange County Sheriff's Department for its enforcement. Tenants have the right to contest an eviction by requesting a court hearing so they can present their defense to the judge. Once the judge orders an eviction, the tenant may be forced out of his home within a matter of days depending on the sheriff's schedule.
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Going to Court
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Before a landlord can file for an eviction (known in Florida as a "writ of possession"), he must provide his tenant with a written notice that states his intentions. The notice should also describe the landlord's grounds for evicting the tenant and, in some cases, must list the actions that a tenant must take to prevent the eviction. Once this notice is given, and the tenant neither moves out nor complies with the notice's demands, the landlord can file an eviction complaint at the Clerk of Court's office. The tenant must be served with the complaint and has the option of requesting a court hearing. If the tenant does request a hearing then does not show up in court or loses her case, the eviction can proceed.
Processing the Writ of Possession
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When a landlord wins her eviction case, the Clerk of Court gives her a "Writ of Possession." The landlord takes this document to the Orange County Sheriff's Department (Civil Process Unit) and arranges to have the Writ served to the tenant. The landlord will also pay the required eviction fees to the sheriff's department. A sheriff's deputy will post the Writ of Possession on the tenant's door. Once this happens, the physical eviction can take place within 24 hours, though the eviction cannot take place on a weekend or legal holiday.
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Schedule and Prepare for Enforcement
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After the posting, a deputy contacts the landlord to schedule the eviction. In Orange County, deputies do not actually move the tenant's belongings, but are on hand to ensure that the eviction takes place without any trouble. The landlord is responsible for providing movers, if the landlord chooses to have the tenant's property removed from the rental home, he will need to have movers present at the eviction. The landlord should also arrange to have a locksmith at the eviction to change the locks. Even though the landlord has won his eviction case, Florida law does not permit him to force the tenant out by changing the locks or cutting off utilities. The landlord must wait, and pay for, a deputy sheriff to enforce the eviction.
Eviction Day
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On the day of the eviction, the landlord should meet the deputy at the tenant's home. The landlord can have the tenant's property removed and left outside. The landlord is not responsible for any damage or loss of the property. At this time, the locksmith should change the locks so that the tenant cannot re-enter her former home.
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