If you're a landlord in Lakeland, FL, managing a rental property can be rewarding, but it can also come with challenges, especially when dealing with tenants who violate their lease agreement or fail to pay rent. When situations like non-payment or lease violations arise, understanding the eviction process in Florida is essential to protect your investment and comply with Florida law.
Whether you're an experienced investor or a first-time landlord, this guide breaks down everything you need to know before attempting to evict a tenant in Polk County or the greater Lakeland area.
Start with a Solid Understanding of Florida Eviction Laws
In Florida, the eviction process is governed by Chapter 83 of the Florida Statutes, which outlines specific steps that must be followed. Unlike other legal matters, tenant eviction cases are highly procedural. That means a misstep, like failing to give proper notice or file the necessary paperwork, can delay your case or lead to dismissal.
The Florida eviction process typically begins with a written notice, and depending on the violation, this could be a 3-day notice for nonpayment of rent, a 7-day notice for lease violations, or a notice of termination for repeated offenses or illegal activities.
Remember, self-help evictions—like changing locks or removing the tenant’s personal property without a court order—are illegal in Florida and can land you in serious legal trouble.
Know the Valid Reasons for Evicting a Tenant
The most common grounds to evict tenants in Lakeland, FL include:
- Non-payment of rent is the main cause of eviction. If a tenant fails to pay rent by the agreed-upon due date and does not cure the default within the required notice period, you may be entitled to pursue eviction.
- Material lease violations such as unauthorized pets, excessive noise complaints, physical damage to the rental unit, or subletting the property without prior written consent. These breaches go against the lease terms and can lead to termination if not corrected.
- Repeated violations of reasonable rules outlined in the rental agreement, even after being warned. This could include ongoing disturbances, improper trash disposal, or bringing in guests of a similar nature that create ongoing issues for the property or neighbors.
- Engaging in illegal activities on the premises, such as drug use or distribution, poses a serious safety risk to other tenants and the community.
Each situation calls for a different type of eviction notice, and you must follow the specific notice period required by Florida law. Additionally, be sure to document the violations clearly, provide written notice, and give the tenant a chance to correct the issue when required. Failing to follow the correct process could jeopardize your eviction action and lead to unnecessary delays in court.
Pre-Eviction Checklist: Are You Prepared?
Before initiating any eviction action, you should:
- Review the written lease to ensure the violation justifies termination
- Provide a written notice that clearly outlines the issue and steps the tenant can take to cure it
- Document any overdue rent, lease breaches, or communications
- Allow the tenant the opportunity to correct the problem, if applicable
Keep in mind, failing to adhere to these steps can weaken your case, and you may end up absorbing attorney fees, filing fees, and enduring unnecessary delays in court proceedings.
Filing an Eviction Lawsuit in Polk County
If the tenant fails to respond to your notice or refuses to comply, it’s time to file an eviction complaint with the county court. You’ll need to pay a filing fee and submit the correct forms to the clerk's office. These documents must then be served to the tenant by a process server or sheriff.
Florida law requires landlords to also file a non-military affidavit, asserting that the tenant is not on active military duty. After service, the tenant has five business days (excluding legal holidays and weekends) to file an answer with the Florida court.
What Happens Next in the Tenant Eviction Process?
If the tenant doesn’t respond, you can request a default judgment. If they contest the case, a hearing or trial may be scheduled. You’ll need to bring all evidence, lease agreements, payment history, written notices, photos of property damage, and any other supporting documents.
Should the court rule in your favor, you’ll obtain a final judgment and request a writ of possession. This allows the sheriff to physically remove the tenant from the premises.
It’s essential not to attempt to evict the tenant yourself, even after winning the case. Only law enforcement can execute the writ and ensure the rental unit is vacated legally.
Tenant Defenses and Legal Challenges
Tenants in Florida have the right to defend themselves. Common tenant defenses include:
- The landlord failed to maintain sanitary and habitable conditions
- The eviction notice was improperly served
- The landlord is retaliating for requesting repairs (retaliatory conduct)
- Claims that rent was paid or partially paid
Navigating these defenses without an experienced attorney or property management company can result in unnecessary delays and even loss of the case. Many landlords who attempt eviction cases solo end up spending more time and money than they anticipated.
Finalizing the Eviction and Protecting Your Property
Once the tenant vacates the rental property, inspect the unit for damage or abandoned items. Florida law allows you to deduct for damages beyond normal wear and tear, but you must provide a written notice to the tenant if you plan to withhold any part of their security deposit.
Make sure you follow all procedures to protect yourself from future disputes. And remember, even after a successful eviction, it's important to assess what went wrong—whether in tenant screening or lease terms—to avoid repeating the same situation.
Let Us Take the Stress Out of Evictions
Evictions can be stressful, time-consuming, and costly. At PMI Arrico Realty & Property Management, we understand the Florida eviction process inside and out. Our team handles everything from issuing the eviction notice to representing your interests in court and coordinating the removal process. We know how to comply with Florida statutes, file at the clerk’s office, and avoid unnecessary delays that could impact your cash flow.
If you're feeling overwhelmed or unsure of how to proceed with a tenant eviction, let us help you navigate the eviction process in Lakeland, FL, with confidence and professionalism.
Explore our Services page to learn how we help landlords protect their investments, or reach out to us directly via our Contact Us page to schedule a consultation today.
