Are you a landlord in Florida? It can be complicated. Ideally, you will not have any problems getting tenants into—or out of—your property. Unfortunately, that is not always what happens. You may be wondering: What legal options do I have available if my tenant refuses to vacate the property in violation of the lease? The short answer is that you have the right to seek eviction and, potentially, recover double rent for the offending period. Here, our Coral Gables landlord rights attorney provides a more detailed overview of the most important things that you should know about your legal options if your tenant refuses to vacate in Florida. 

Know Your Rights: You Can Evict a Tenant Who Should Not Be on the Property

As a residential or commercial landlord in Florida, it is imperative to be well-versed in your rights. First and foremost, it is important to emphasize the basics: Landlords can evict a tenant who has no right to be on their property. The basis for an eviction could include the following: 

  • The expiration of the lease; 
  • Non-payment of rent; and/or
  • Violation of other lease terms. 

The Florida Residential Landlord and Tenant Act governs the relationship between landlords and tenants. As a landlord, you have the right to regain possession of your property, but it is essential to follow the legal procedures set forth by Florida law.

Florida Prohibits Landlord Self-Help Evictions

While you do have the right to evict a tenant who should not be on the property, it is absolutely vital that you recognize that Florida prohibits landlords from taking eviction matters into their own hands. These are known broadly as “self-help” evictions. In other words, a landlord in Florida cannot forcibly remove a tenant, change the locks, shut off utilities, or take any other action to force the tenant out without going through the legal eviction process. Engaging in self-help eviction actions can lead to serious legal consequences—and it could make it harder to get back your property. 

How to Prepare and Take Action to Evict a Tenant Who Refuses to Vacate

Are you ready to take action to evict a tenant in Fort Lauderdale or elsewhere in South Florida to remove a tenant that refuses to vacate your property? You need to take the proper steps to put yourself in the best position to navigate the eviction process in an efficient and effective manner. Remember, evicting a tenant in Florida requires a carefully executed set of steps to ensure compliance with the law. Here are seven steps to take to evict a tenant in Florida: 

  • Step 1: Ensure Valid Grounds for Eviction: Before proceeding, make sure that you have valid legal grounds for eviction, such as non-payment of rent, violation of lease terms, or expiration of the lease.
  • Step 2: Provide Written Notice: Depending on the grounds for eviction, you must provide the tenant with a written notice. For non-payment of rent, a three-day notice is required, whereas other lease violations generally require a seven-day notice.
  • Step 3: File an Eviction Lawsuit: If the tenant does not vacate the premises within the notice period, you must file a complaint for eviction with the county court. Ensure you have all necessary documents and evidence.
  • Step 4: Attend the Court Hearing: Once you file the eviction lawsuit, a court date will likely be set. Be ready to attend the hearing. The best step that you can take is to hire an experienced Fort Lauderdale landlord-tenant attorney. Your lawyer will help present a strong case to finalize the eviction. 
  • Step 5: Obtain a Writ of Possession: If the court rules in your favor, the judge will issue a type of legal order called a final judgment for possession. That judgment is what you can use to get another legal document called a writ of possession. With a writ of possession, you have the authority to get the local sheriff to remove the tenant from your rental unit.
  • Step 6: Coordinate with the Sheriff: After obtaining the writ of possession, you will then need to coordinate with the county sheriff’s office. In the vast majority of cases, the local sheriff will need to give a 24-hour notice on the property before they remove the tenant. 
  • Step 7: Regain Possession of Your Property: Once the sheriff has removed the tenant, you can legally regain possession of your property. When you have possession of your Florida rental unit back, you can determine what to do next. 

Special Remedy for Landlords in Florida: Right to Seek Double Rent 

Beyond having the right to take legal action to evict a tenant who simply refuses to vacate, Florida landlords also have an additional remedy available under the law. You can seek double rent for all of the period that the tenant refuses to vacate. Under Florida law (Florida Statute § 83.58), a tenant who continues to occupy the premises without the landlord’s permission after the expiration of the lease term can be charged double the amount of the rent due on the property.

Florida’s double rent provision is designed to compensate landlords for the financial loss and inconvenience caused by a tenant’s unlawful occupancy. To seek double rent, landlords must provide a written demand to the tenant specifying the double rent claim. If the tenant refuses to comply, landlords can initiate legal proceedings to recover the double rent. It is a special remedy that can be a significant deterrent for tenants who might consider overstaying their lease and an essential tool for landlords seeking to regain control of their property in a timely manner. However, it is crucial for landlords to understand and comply with the legal requirements of this process to ensure a successful claim. An experienced Fort Lauderdale landlord rights attorney can help. 

Contact Our Fort Lauderdale Landlord Rights Attorney Today

At Jacqueline A. Salcines, PA, our Florida landlord-tenant attorney is a skilled, knowledgeable, and experienced advocate for clients. If you have any specific questions or concerns about your legal options if your tenant refuses to vacate, we are more than ready to help. Call us at 305-669-5280 or contact us online for a strictly confidential, no-obligation consultation. With an office in Coral Gables, we represent residential and commercial landlords throughout South Florida. 

SOUTH FLORIDA REAL ESTATE LAWYER

Florida has different types of actions in court that can be filed when someone is in your house and refuses to leave.

Eviction – When a property owner has someone residing in their property that is there lawfully, with permission either under a written or oral lease, and has either stopped paying rent, violated a term of the contract or their contract has expired, removing them is by Eviction.

Unlawful Detainer – When a property owner has someone residing in their property that is not there with permission and has never had permission.

Ejectment – When a property owner has someone living on the  property to which they have legal right and title and the individual will not leave voluntarily, the legal action is called an Ejectment. 

In all these cases, the owner is faced with making a decision as to how to remove the person or persons who will not leave voluntarily.

Florida law allows for a legal action know as an Ejectment to remove a non-paying person who is living in your home, but has no has no title or interest in the property, to be removed. Sometimes, this will be a relative, former girlfriend or boyfriend, or someone you allowed to stay short term but has outlived their welcome.

 Often times, this involves a person whom you have allowed to live in your home and who later refuses to leave when asked. Most commonly, this involves either a boyfriend or girlfriend, a family member or a friend who has been invited to stay in your home, who has for some reason become an unwelcome guest and refuses to leave when asked.

The filing of an ejectment lawsuit, unlike an eviction, does not require a three day notice but rather a 20-day summons.  Once  filed, the defendant(s) has/have 20 days to file a answer just as in most normal lawsuits. If no answer is filed within the required time period, a motion for default is filed and once entered by the court, a final judgment may be issued that orders the person to leave the home. If they do not leave voluntarily, a writ of possession will be issued to the sheriff to remove them.  If the person or persons do file an answer, a hearing will be required.  After the hearing, once the court has determined that there are no defenses as to why they should be allowed to remain in the property, the court will issue a final judgment and writ of possession for the person to leave or be removed.  If they do not leave voluntarily, the sheriff will remove them for you.

Recognizing that in many cases the person or persons who reside in your property and refuse to leave may have at one time been an invited guest, an ejectment proceeding can be very emotional and all consuming.  If you need to remove someone that is no longer wanted at your house, please contact our offices at 305 669 5280 to review your situation and assist in getting your unwanted guest(s) out of your property thereby returning you to the safety and peacefulness of your home.

Below is the full reading of the Statute on Ejectment.

Chapter 66, Florida Statutes- Ejectment, is the statute by which an unwanted guest or guests may be removed from your property.

The 2016 version of FS §66 is shown below in its entirety.

CHAPTER 66- EJECTMENT 66.011 Common law ejectment abolished. 66.021 Procedure. 66.031 Verdict and judgment. 66.041 Betterment, petition. 66.051 Betterment, answer. 66.061 Betterment, trial and verdict. 66.071 Betterment, judgment for plaintiff. 66.081 Betterment, judgment for defendant. 66.091 Betterment, payment by plaintiff. 66.101 Betterment, payment by defendant. 66.011 Common law ejectment abolished.—In ejectment it is not necessary to have any fictitious parties. Plaintiff may bring action directly against the party in possession or claiming adversely. History.—s. 1, ch. 999, 1859; RS 1511; GS 1966; RGS 3234; CGL 5040; s. 21, ch. 67 254. Note.—Former s. 70.01. 66.021 Procedure.— (1) LANDLORD NOT A DEFENDANT.—When it appears before trial that a defendant in ejectment is in possession as a tenant and that his or her landlord is not a party, the landlord shall be made a party before further proceeding unless otherwise ordered by the court. (2) DEFENSE MAY BE LIMITED.—A defendant in an action of ejectment may limit his or her defense to a part of the property mentioned in the complaint, describing such part with reasonable certainty. (3) WRIT OF POSSESSION; EXECUTION TO BE JOINT OR SEVERAL.—When plaintiff recovers in ejectment, he or she may have one writ for possession, damages and costs or, if the plaintiff elects, have separate writs for possession and damages. (4) CHAIN OF TITLE.—Plaintiff with his or her complaint and defendant with his or her answer shall serve a statement setting forth chronologically the chain of title on which he or she will rely at trial. If any part of the chain of title is recorded, the statement shall set forth the names of the grantors and the grantees and the book and page of the record thereof; if an unrecorded instrument is relied on, a copy shall be attached. The court may require the original to be submitted to the opposite party for inspection. If the party relies on a claim or right without color of title, the statement shall specify how and when the claim originated and the facts on which the claim is based. If defendant and plaintiff claim under a common source, the statement need not deraign title before the common source. (5) TESTING SUFFICIENCY.—If either party wants to test the legal sufficiency of any instrument or court proceeding in the chain of title of the opposite party, the party shall do so before trial by motion setting up his or her objections with a copy of the instrument or court proceedings attached. The motion shall be disposed of before trial. If either party determines that he or she will be unable to maintain his or her claim by reason of the order, that party may so state in the record and final judgment shall be entered for the opposite party. History.—s. 21, ch. 67 254; s. 348, ch. 95 147. 66.031 Verdict and judgment.— (1) VERDICT.—A verdict for plaintiff shall state the quantity of the estate of plaintiff, and describe the land by metes and bounds, lot number or other certain description. (2) JUDGMENT.—The judgment awarding possession shall state the quantity of the estate and give a description of the land recovered in like manner. History.—ss. 1, 2, ch. 3244, 1881; RS 1515; GS 1970; RGS 3238; CGL 5046; s. 21, ch. 67 254. Note.—Former s. 70.05. 66.041 Betterment, petition.—If a judgment of eviction is rendered against defendant, within 60 days thereafter, or if he or she has appealed, within 20 days after filing the mandate affirming the judgment, defendant may file in the court in which the judgment was rendered a petition setting forth that: (1) Defendant had been in possession and that he or she or those under whom defendant validly derived had permanently improved the value of the property in controversy before commencement of the action in which judgment was rendered; (2) Defendant or those under whom defendant validly derives held the property at the time of such improvement under an apparently good legal or equitable title derived from the English, Spanish, or United States Governments or this state; or under a legal or equitable title plain and connected on the records of a public office or public offices; or under purchase at a regular sale made by an executor, administrator, guardian or other person by order of court; and (3) When defendant made the improvements or purchased the property improved, he or she believed the title which he or she held or purchased to the land thus improved to be a good and valid title. The petition shall demand that the value of the improvements be assessed and compensation awarded to defendant therefor. History.—RS 1516; GS 1971; RGS 3239; CGL 5047; s. 2, ch. 29737, 1955; s. 21, ch. 67 254; s. 349, ch. 95 147. Note.—Former s. 70.06. 66.051 Betterment, answer.—The plaintiff in the judgment of eviction may file written defenses to the petition within 20 days after service of the petition. History.—RS 1517; GS 1972; RGS 3240; CGL 5048; s. 14, ch. 29737, 1955; s. 21, ch. 67 254. Note.—Former s. 70.07. 66.061 Betterment, trial and verdict.—If an answer is filed, trial shall be on the issues made. If no answer is filed, trial shall be ex parte, but defendant is required to prove every allegation of the petition. If the jury (or if a jury is waived, the court) finds in favor of defendant, it shall assess: (1) The value of the land at the time of the assessment, irrespective of the improvements put upon the land by defendant or those under whom he or she derives, and if any, the injury done to the land by defendant or those under whom he or she derives. (2) The value of the permanent improvements at the time of the assessment. (3) The injury, if any, done to the land by defendant or those under whom he or she derives. (4) The value of the use of the land by defendant between the time of the judgment in ejectment and the time of the assessment or if defendant has been evicted from or has surrendered the premises, from the time of the judgment to the time of the surrender or eviction. The findings shall be specified separately on each of these matters. History.—RS 1518; GS 1973; RGS 3241; CGL 5049; s. 2, ch. 29737, 1955; s. 21, ch. 67 254; s. 350, ch. 95 147. Note.—Former s. 70.08. 66.071 Betterment, judgment for plaintiff.—On rendition of the verdict the clerk shall ascertain whether the balance of the last three assessments (that is, of the value of the improvements, the extent of the injury and the value of the use of land), is in favor of plaintiff or defendant and ascertain the amount of the balance; if the verdict is in favor of plaintiff, judgment shall be rendered against defendant for costs, whether the balance of the assessments is in favor of plaintiff or defendant; but if the balance of the assessments is in favor of plaintiff, he or she shall have a judgment for costs in addition to the judgment for the balance. History.—RS 1519; GS 1974; RGS 3242; CGL 5050; s. 21, ch. 67 254; s. 351, ch. 95 147. Note.—Former s. 70.09. 66.081 Betterment, judgment for defendant.—If the verdict is in favor of defendant and the balance of assessments is also in defendant’s favor, a judgment for costs shall be entered against plaintiff, and a further judgment that unless plaintiff pays or secures as hereinafter provided the amount of the balance of assessments against him or her within 20 days, defendant may pay or secure to plaintiff the value of the land as assessed. History.—RS 1520; GS 1975; RGS 3243; CGL 5051; s. 21, ch. 67 254; s. 352, ch. 95 147. Note.—Former s. 70.10. 66.091 Betterment, payment by plaintiff.—The plaintiff may pay the balance in cash or may give defendant a bond with surety to be approved by the clerk, conditioned to pay said balance in two equal annual installments, with interest at 6 percent per annum to defendant. If plaintiff shall pay the sum within 20 days, or if the payment of the bond is received, satisfaction of the judgment shall be entered and all rights conferred on defendant by the judgment terminate. History.—RS 1521; GS 1976; RGS 3244; CGL 5052; s. 21, ch. 67 254. Note.—Former s. 70.11. 66.101 Betterment, payment by defendant.—If plaintiff does not pay or secure the sum within 20 days, within 20 days thereafter defendant may pay to plaintiff the value of the land as assessed or give plaintiff a bond with surety, to be approved by the clerk, conditioned to pay plaintiff the value in two equal annual installments, with 6 percent interest; or if plaintiff fails to pay the bond given by him or her when it becomes due, for 20 days after the expiration of the time fixed in the bond for payment, defendant shall again have the privilege of paying to plaintiff in cash the value of the land assessed. On the payment of the sum to plaintiff at any of the times hereinbefore mentioned, title to the land shall vest in defendant and plaintiff or those holding under him or her shall give defendant a deed to the land, tenements, hereditaments, and appurtenances, and if defendant has been evicted from or has surrendered the property, it shall be restored to him or her by order of court on motion. History.—RS 1522; GS 1977; RGS 3245; CGL 5053; s. 21, ch. 67 254; s. 353, ch. 95 147. Note.—Former s. 70.12.

SOUTH FLORIDA REAL ESTATE LANDLORD TENANT LAWYER

WHILE THE STATEWIDE EVICTION AND FORECLOSURE MORATORIUM ISSUED BY THE GOVERNOR ON REMOVAL AND EVICTIONS IN FLORIDA HAS BEEN LIFTED, A NEW ORDER THAT HALTS EVICTIONS IS NOW IN PLACE. THE CDC ISSUED AN ORDER IN OCTOBER 2020 THAT HALTS EVICTIONS BASED ON AMONG OTHER THINGS, “UNPAID RENT” THROUGH DECEMBER 31, 2020. THERE ARE MANY EXCEPTIONS TO THE CDC ORDER, FOR EXAMPLE, IF THE EVICTION IS FOR A VIOLATION OF THE LEASE OTHER THAN NON PAYMENT OF RENT OR THE LEASE HAS BEEN TERMINATED, THEN THE LANDLORD CAN PROCEED.

YET, WHAT MANY DO NOT KNOW, IS THAT THE MIAMI DADE COUNTY SHERIFF’S OFFICE HAS BEEN GIVEN A “POLICE ORDER” OF SORTS FROM THE MAYOR, THAT DOES NOT PERMIT THEM TO EXECUTE ANY WRIT FOR REMOVAL. SO REGARDLESS OF THE CDC ORDER AND ITS EXCEPTIONS, THE SHERIFF WILL NOT EXECUTE A WRIT.

WHETHER YOU ARE A TENANT FACING EVICTIONS OR A LANDLORD THAT WANTS TO INITIATE ONE, THE LAW FIRM OF JACQUELINE SALCINES, P.A. IS HERE TO HELP. WE UNDERSTAND THE LAW AND THE CDC ORDER AS IT APPLIES TO EVICTIONS AND WRITS OF POSSESSION.

AS AN ATTORNEY PRACTICING LANDLORD TENANT LAW FOR OVER 22 YEARS, JACQUELINE SALCINES IS WELL VERSED IN EVERY ASPECT OF CHAPTER 83 GOVERNING RESIENTIAL TENANCIES AND LANDLORD TENANT.

CALL US WITH ALL YOUR LANDLORD TENANT NEEDS.

TRUST   |   COMMITTMENT  |  RESULTS

JACQUELINE A. SALCINES, ESQ.
OWNER/FOUNDER
706 S. DIXIE HIGHWAY  2ND FLOOR
CORAL GABLES, FL 33146 
(305) 669-5280   J.SALCINES@SALCINESLAW.COM

SOUTH FLORIDA LANDLORD TENANT LAWYERS

TENANT TERMINATION LETTER

Allowing a tenant to remain in a property after the natural expiration of the lease term, often results in the Residential Lease converting into a  month to month residential lease.  Not all leases have a termination clause that requires either party to terminate in writing or to extend.  Rather, the leases are silent or state that if the tenant remains after the last day of the lease, it becomes a month to month lease, with a termination at will (that is, at the discretion and election of either the tenant or the landlord).

The issue arises, however, when the tenant stays on another month or two to live out the security deposit.  This is not only illegal, but  places the landlord in a predicament if there are any damages to the property.  Cases like this almost always end up in litigation, in a landlord tenant eviction, for non payment.  Tenant thinks they have a month to live, landlord wants them out as soon as possible with protection for damages.

Landlord Tenant Statutes in Florida, Chapter §83, requires that if a tenant remains in possession after the natural expiration of the residential lease, the Landlord must send a Termination of Tenancy Letter.  That letter requires certain time frames for removal. For example, a month to month tenant, must be given 15 days to move out.  If they do not move out after the 15th day, that does not mean the landlord can go in and remove them and the tenant’s possessions. Rather, that gives the Landlord permission to now file an eviction suit.

Any tenant that stays on past the termination of tenancy 15 days, is considered a “holdover” tenant and is liable for double rent to the landlord.  While this may appear to protect the landlord, often tenants are judgment proof and collecting the monies after they are gone is almost impossible.

The termination of tenancy letter to the tenant must contain certain language as required per statute.

At the Law Offices of Jacqueline A. Salcines, P.A., we have been assisting Landlords and tenants with landlord tenant actions for over 18 years.  Before you decide to write the letter yourself, contact us.  We will get it right the first time and process your case in the most efficient manner possible.

We are here to help and protect your rights. Allow us to go to work for you! We offer free phone consultations, and a no cost review of your case. 

Call us today.   305.669.5280 and see how we can help you.


About the Author:

Jacqueline A. Salcines, Esq is the Owner and Managing Partner of the Law Offices of Jacqueline A. Salcines, P.A. Real Estate and Business Law Group. With over 18 years experience including holding a dual degree in Accounting, her broad knowledge of LANDLORD TENANT LAW including giving numerous pro bono seminars for Legal Aid and Put Something Back project,  attorney Salcines serves to aggressively protect and defend our firm’s clients.

Call us today to set up a  free consultation to discuss your specific needs. We are here for you!

Main office 305 | 669 | 5280. Or email the attorney directly: J.Salcines@Salcineslaw.com

TRUST |  COMMITMENT  | RESULTS

Jacqueline A. Salcines

Jacqueline A. Salcines, Esq.

JACQUELINE A. SALCINES, ESQ.
706 S. DIXIE HIGHWAY
SECOND FLOOR
CORAL GABLES, FL 33146
TEL. 305 669 5280

Email:  J.Salcines@Salcineslaw.com