A Guide to the Eviction Process in Jacksonville, Florida

Key Takeaways

• Review the lease, payment history, and documentation before serving an eviction notice so you can identify the appropriate next step.
• Use the notice period and delivery method required for the specific situation instead of relying on a standard notice for every eviction.
• Keep copies of notices, delivery records, lease documents, payment records, and relevant property documentation in case the eviction proceeds to court.
• Avoid self-help measures such as changing locks or removing a resident’s belongings and follow the formal legal process for recovering possession.
• Consider professional property management support when you want help coordinating rent collection, documentation, maintenance, and the eviction process.

Florida is one of the best states for investing in rental properties. Many Americans have been moving to the Sunshine State because of its warm weather, beautiful beaches, and favorable tax laws. This is the reason why Florida’s real estate market is one of the hottest markets in the country.

Being a landlord in Florida can be a lucrative investment. However, as a landlord, it’s important to know how to screen your tenants thoroughly to prevent problematic renters who cause a lease violation or do not pay rent.

One of the most dreadful things about being a landlord is dealing with bad tenants who don’t pay their rent on time, have no respect for your property or the terms of the lease agreement, and are a nuisance to the neighborhood.

In case this happens, and amicable settlements are no longer possible, landlords will have to start an eviction process and possibly a Florida eviction lawsuit.

This is the reason why rental property owners need to be familiar with the eviction laws in their state and local city. With Keyrenter Jacksonville’s help,  you can understand the Florida eviction process, making things go smoothly, avoid legal problems, and save on unnecessary expenses related to eviction.

What Is the Eviction Process in Florida?

The eviction process in Florida s governed by Chapter 83 of the Florida Statutes and varies based on whether the case is uncontested or part of a contested eviction.

Uncontested cases often take about 3 to 4 weeks, or roughly 20 to 37 days, while a court process involving eviction lawsuits can take 6 to 8 weeks or longer if the tenant responds and the matter is settled in court.

Notice for Lease Termination with Legal Cause

Florida law requires landlords to provide proper written notice before filing an eviction lawsuit, and they can evict tenants for various reasons, including the following:

• Late payment, or non payment of rent.
• Staying at the property without a signed lease or when the term of the lease agreement has already ended.
• Violation of lease or rental agreement responsibilities under the Florida landlord-tenant law.

Under Florida law, rent is considered past due the day after its due date, unless the lease contract states otherwise.

According to Florida eviction laws, a tenant can be evicted if he/she is staying at the rental property without a lease or with a written lease that has ended. Florida landlords should terminate the tenancy first by sending a notice to move out, with the following notice period:

• 7 days’ notice for renters who rent on a weekly basis.
• 15 days’ notice for renters who renter on a monthly basis.
• 30 days’ notice for renters who rent on a quarterly basis.
• 60 days’ notice for renters who rent on a yearly basis.

If Florida tenants violate the terms of their lease agreement, fail to pay rent, or fail to uphold their responsibilities as stated under Florida landlord-tenant law, the landlord must provide proper written notice before further legal action.

For curable issues, a seven day notice is the statutory notice used to explain how the tenant violates the lease and what must be corrected, and landlords are required to give 7 days’ notice for tenants to fix the issues, pay rent owed, or vacate the properties before the notice period expires and they can file an eviction.

Violations that can be fixed are those minor offenses that can be repaired within seven days, such as:

• Parking in a non-designated area.
• Having an animal, guest, or vehicle that was not authorized by the owner.
• Tenant fails to comply with a standard level of cleanliness.

If a tenant repeats any of these minor violations within a period of 12-months, the landlord has the right to begin the eviction process without offering another chance to fix the issues.

For the following serious lease violations, the tenants may not be given a chance to fix the problem:

• Causing deliberate damage to the property beyond normal wear.
• Engaging in criminal activity on the premises.

The landlord should send a seven day notice to vacate for serious violations, without an opportunity to cure the problems.

Serving a Tenant with an Eviction Notice in Florida

In Florida, the eviction starts when a landlord serves the tenant with the proper written notice required for the situation, often called termination notices, which must be delivered either via regular mail, certified mail, or registered mail, or by placing the written notice in a conspicuous place.

Landlords should always keep a copy of the signed and served Florida eviction notices, since improper notice can delay or undermine the case.

Tenant Eviction Defenses in Florida

Tenant defenses are reasons why the petitioner/landlord shouldn’t win the case in county court. Tenants may raise valid defenses such as:

• The landlord tried to terminate the lease before finalizing the proper legal proceedings.
• The landlord discriminated against the tenant, or the landlord evicts the tenant in retaliation.
• The landlord failed to comply with the habitability requirements by state and federal law, including the landlord’s failure to maintain the property.
• The tenant resolved a curable violation.
• The tenant did not violate the terms of the rental agreement.
• The notice has substantial errors, like lacking an effective date of eviction, and these mistakes often lead to legal challenges.

Attending Court Hearing in Florida

Sometimes, this can result in an eviction action after the landlord files the case in county court, and the matter then moves through the court process with an eviction complaint.

If the resident did not contest the eviction with valid defenses, the landlord can file a default motion after the response deadline passes to obtain a Judgment for Possession.

If a tenant contests the eviction, the tenant files a response within five business days of being served with the eviction papers and may have to pay the court clerk through the court registry the amount of any rent due, plus pay the rent until the lawsuit is over.

If there is a dispute, the court may determine rent owed before the case moves forward. Landlords are required to appear in court on the court date before the judge rules their final judgment in the eviction case.

Writ of Possession

If the court rules in favor of the landlord, the judge enters a final judgment and issues a writ of possession, an eviction order that serves as the court order for removal from the rental unit. In Florida, it can take approximately five days or more for the judge to rule, and that writ is then delivered to local law enforcement for enforcement.

The Eviction

In Florida, the sheriff will serve the writ of possession to the tenants around two days after it is issued, then provide a final 24-hour notice before carrying out the eviction.

If the tenants fail to move out, and the tenant refuses to leave after the notice expires, the law in Florida allows the sheriff to forcibly remove them under the court order.

If any of the tenant’s belongings remain at the property, they will be used as a lien for damages or payment to the landlord. The sheriff will then complete the eviction by placing a padlock on the door.

Florida Evictions: The Bottom Line

If you have specific questions, you can seek help from a knowledgeable property management company. Call Keyrenter Jacksonville at (904) 330-4040 for more information from a Keyrenter property manager. We fully understand the process of evictions and have the knowledge and experience to make it a stress-free process for you.

Frequently Asked Questions About The Eviction Process In Jacksonville, Florida

What Should Jacksonville Landlords Know About Eviction Notices?

The required proper notice depends on why the landlord is ending the tenancy. For example, Florida law currently provides a three-day notice for non payment of rent, excluding Saturdays, Sundays, and court-observed legal holidays.

For a month to month tenancy, the written notice period must track the tenant’s monthly period under the applicable notice rules.

Certain lease violations may require an opportunity to cure, while serious violations may require a seven day notice without a chance to cure. Notices also have specific delivery requirements under Florida law.

Because an incorrect notice can affect an eviction case, Jacksonville property owners should avoid unnecessary delays by verifyng the current requirements before serving a notice and consider consulting a qualified Florida attorney for legal guidance.

How Can Landlords Avoid Common Eviction Mistakes In Jacksonville?

Start by matching the notice to the actual lease violation and maintaining consistent records throughout the tenancy. Owners should preserve the signed lease or rental agreement, rent ledger, communications, notices, proof of delivery, and documentation supporting any alleged violation.

They should also avoid actions outside the formal eviction process and follow the required legal procedures, because Florida prohibits self-help measures such as lockouts, changing locks, or shutting off utilities; those steps can expose landlords to liability and create unnecessary delays before any legal action is resolved.

If a resident contests the eviction lawsuit, documentation can become especially important.

A property manager may help organize the administrative side of the process, but landlords with a legal dispute should seek advice from a qualified attorney.

How Much Should Landlords Budget For An Eviction?

The total cost of an eviction depends on the circumstances, including court-related expenses such as court costs, legal assistance such as attorney fees, unpaid rent, property damage, turnover work, and the amount of time the property cannot be re-leased. There is no single cost that applies to every Jacksonville eviction.

Owners should also account for expenses that can continue while possession is unresolved, such as property operating costs. Reviewing the lease, financial records, and expected turnover expenses can help an investor build a more realistic reserve for unexpected tenant-related costs.

When Should A Jacksonville Landlord Consult A Qualified Attorney?

Legal guidance can be especially useful in a contested eviction when a resident disputes the alleged violation, raises a defense, the landlord is unsure which notice applies, or the owner wants to pursue unpaid rent or other damages in addition to possession.

Florida’s landlord-tenant statutes establish specific notice and court procedures, and details can depend on the circumstances of the tenancy, including commercial evictions where the rules may differ from residential evictions.

A property manager can assist with day-to-day administration, but property owners should not treat property management services as a substitute for individualized legal advice when a legal issue arises.

How Can A Property Manager Help With The Eviction Process?

A property manager can help reduce the administrative burden surrounding eviction proceedings by coordinating responsibilities such as rent collection, property documentation, maintenance, financial reporting, and communication with the owner.

Keyrenter Jacksonville’s services include rent collection, maintenance, financial reporting, walk-throughs, tenant screening, and other property management functions. Owners considering professional management should ask specifically which eviction-related tasks are included in their agreement and which matters require outside legal counsel.

Does The Eviction Process Affect A Jacksonville Rental Property’s Investment Performance?

An eviction can affect an investment property’s financial performance because unpaid rent, legal or administrative expenses, turnover costs, repairs, and time without rental income may all affect the property’s cash flow.

The effect varies substantially by property and situation, so owners should evaluate the actual numbers rather than assume a standard financial impact. Clear lease terms, prompt documentation, and timely action help protect both the landlord and the property owner when a lease expires or a resident remains in possession.

Strong record-keeping, clear lease terms, consistent rent collection, and timely attention to property issues can help owners manage operational risk, and an owner may need to file an eviction after the notice period ends if the tenant remains in the unit, although these steps cannot eliminate the possibility of an eviction or its associated costs.

This blog should not be used as a substitute for legal advice from a licensed attorney in your state. Laws change, and this post might not be updated at the time of your reading. Please contact us for any questions you have in regards to this content or any other aspect of your property management needs.