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  1. #1

    Default Tenant Eviction

    My question involves an eviction in the state of: Florida - county Lee.

    My tenants lease runs out on Aug 1.
    I know they wont move out of their own accord and fairly sure I will have to evict them. I will be issuing them with a notice to surrender property - do I give 3 or 5 days?
    After that what is the procedure?

    thanks

    Sarah

  2. #2
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    Default Re: Tenant Eviction

    Per statute,
    Quote Quoting Florida Statutes, Sec. 83.58. Remedies; tenant holding over.
    If the tenant holds over and continues in possession of the dwelling unit or any part thereof after the expiration of the rental agreement without the permission of the landlord, the landlord may recover possession of the dwelling unit in the manner provided for in s. 83.59 [F.S. 1973]. The landlord may also recover double the amount of rent due on the dwelling unit, or any part thereof, for the period during which the tenant refuses to surrender possession.
    Quote Quoting Florida Statutes, Sec. 83.59. Right of action for possession.
    (1) If the rental agreement is terminated and the tenant does not vacate the premises, the landlord may recover possession of the dwelling unit as provided in this section.

    (2) A landlord, the landlord’s attorney, or the landlord’s agent, applying for the removal of a tenant shall file in the county court of the county where the premises are situated a complaint describing the dwelling unit and stating the facts that authorize its recovery. A landlord’s agent is not permitted to take any action other than the initial filing of the complaint, unless the landlord’s agent is an attorney. The landlord is entitled to the summary procedure provided in s. 51.011 [F.S. 1971], and the court shall advance the cause on the calendar.


    (3) The landlord shall not recover possession of a dwelling unit except:
    (a) In an action for possession under subsection (2) or other civil action in which the issue of right of possession is determined;


    (b) When the tenant has surrendered possession of the dwelling unit to the landlord;


    (c) When the tenant has abandoned the dwelling unit. In the absence of actual knowledge of abandonment, it shall be presumed that the tenant has abandoned the dwelling unit if he or she is absent from the premises for a period of time equal to one-half the time for periodic rental payments. However, this presumption does not apply if the rent is current or the tenant has notified the landlord, in writing, of an intended absence; or


    (d) When the last remaining tenant of a dwelling unit is deceased, personal property remains on the premises, rent is unpaid, at least 60 days have elapsed following the date of death, and the landlord has not been notified in writing of the existence of a probate estate or of the name and address of a personal representative. This paragraph does not apply to a dwelling unit used in connection with a federally administered or regulated housing program, including programs under s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended.
    (4) The prevailing party is entitled to have judgment for costs and execution therefor.
    I don't see a notice requirement as a prerequisite to evicting a holdover tenant in Florida, but there are some useful materials in this document, including a "Notice of Nonrenewal at Termination Date" letter that can be sent to tenants formally instructing them of their duty to vacate. The document also includes instruction about the eviction process.

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