Actual Eviction in Florida
Actual eviction is the physical removal of a tenant from leased premises through the legal process prescribed by Florida law. Unlike constructive eviction, which is based on the landlord's failure to maintain habitable conditions, actual eviction involves direct dispossession through court proceedings.
The Florida Eviction Process
Florida Statute Chapter 83 governs residential evictions. The landlord must first serve the appropriate notice: a three-day notice for nonpayment of rent, a seven-day notice for lease violations with a cure opportunity, or a fifteen-day notice for month-to-month tenancies. If the tenant fails to comply, the landlord files a complaint in county court. After judgment, the clerk issues a writ of possession, and the sheriff physically removes the tenant and their belongings.
Prohibited Self-Help Evictions
Florida Statute Section 83.67 prohibits landlords from using self-help measures to evict tenants. Changing locks, removing doors, shutting off utilities, or removing the tenant's property without a court order is illegal. A landlord who engages in self-help eviction is liable to the tenant for actual damages or three months' rent, whichever is greater, plus attorney's fees and costs.
Related Terms
- Constructive Eviction
- Landlord-Tenant Law
- Writ of Possession
Barnes Walker Real Estate
Barnes Walker handles eviction proceedings for residential and commercial landlords throughout Manatee and Sarasota counties. Contact us to begin the process.
Florida Law Reference
Fla. Stat. Ch. 83, Part II
The Florida Residential Landlord and Tenant Act governs lease agreements, security deposits, maintenance obligations, and the eviction process.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC