Evicting a family member can be an unimaginably difficult process. It can be stressful, full of legal hurdles, and take a long time from start to finish. In this blog article, we’ll look at how to legally evict your family member in Florida. We will go over the laws governing this process, what steps you should take, and what documents you need for it to be done properly. So if you’re wondering how to evict your family member in Florida, read on!
Overview of the Eviction Process in Florida
The process of evicting a family member in Florida is a bit more complicated than simply asking them to leave. You will need to have a valid reason for eviction, such as non-payment of rent or damage to the property, and you will need to follow the proper legal procedures.
The first step is to give your family member a written notice that they are being evicted. This notice must state the specific reason for the eviction and give them a certain amount of time to remedy the situation, usually 7-30 days. If they do not remedy the situation within that time frame, you can then file an eviction lawsuit with the court.
Once the lawsuit is filed, a hearing will be scheduled where both sides can present their case. If the judge finds in your favor, they will issue an eviction order which gives your family member a specific amount of time to vacate the premises. If they still do not leave, you can then call law enforcement to have them physically removed from the property.
When Can You Legally Evict a Family Member?
There are a few different ways that you can legally evict a family member in Florida. One way is to file a petition with the court. This is typically done when the family member is not paying rent or causing damage to the property. Another way is to give the family member a Notice to Quit, which gives them 30 days to leave the property. This is typically used when the family member is engaged in illegal activity or is creating a nuisance. Lastly, you can also use what’s called an Unlawful Detainer Action, which is filed with the court and asks for an eviction order.
What is the Best Way to Handle an Eviction?
There are a few things you should do before you start the eviction process in Florida. First, you should try to talk to your family member and see if there is any way to work things out. Maybe they can pay rent or help with bills. If you can’t come to an agreement, then you need to follow the proper legal steps for evicting someone in Florida.
The first step is to give your family member a written notice that they have to leave. This notice has to be given at least three days before you file for eviction. The notice should say why they are being asked to leave and when they need to be out by. You also have to include your name and address on the notice.
After you give them the notice, if they don’t leave, then you can file for eviction at your local courthouse. You will need to fill out some paperwork and pay a filing fee. Once you file, a judge will hear both sides and decide if the eviction should go through.
If the judge decides in your favor, then the sheriff will come and remove your family member from the property. They will have a set amount of time, usually around 24 hours, to gather their belongings and leave peacefully. If they don’t leave within that time frame, then the sheriff can physically remove them from the property and they will be banned from returning.
Preparing for the Eviction Hearing
The first step in evicting a family member in Florida is to give them a notice to vacate. This notice must be in writing and state that you are terminating their tenancy. It should also specify when they need to be out of the house, which is usually 30 days from the date of the notice.
Once you have given them the notice, you will need to file a complaint with the clerk of court in your county. The complaint will need to state why you are evicting the tenant and include a copy of the notice to vacate. You will also need to pay a filing fee.
Once the complaint is filed, the clerk will set a date for an eviction hearing. At this hearing, both you and the tenant will have a chance to present your case to a judge. The judge will then make a decision on whether or not to grant the eviction.
Serving the Notice to Vacate
When you have made the decision to evict a family member in Florida, it is important to follow the proper procedures to ensure that the process goes smoothly. One of the first steps in the eviction process is serving the Notice to Vacate.
The Notice to Vacate must be in writing and must be served on the tenant either personally or by posting it in a conspicuous place on the premises. The Notice to Vacate must give the tenant at least seven days’ notice to vacate the premises. If the tenant does not vacate within that time frame, you can then proceed with filing an eviction lawsuit with the court.
Going Through the Court Process
The court process for evicting a family member in Florida can be long and complicated. It is important to understand all of the steps involved before beginning the process.
The first step is to file a complaint with the clerk of the court in the county where the property is located. The complaint must state the grounds for eviction and must be served on the tenant by a sheriff or constable.
The tenant then has five days to file a written answer to the complaint with the court. If no answer is filed, the landlord can request a default judgment from the court.
If an answer is filed, the case will go to trial. The landlord must prove that he or she has a valid reason for evicting the tenant. If the landlord prevails, the court will issue an order of eviction.
The tenant then has 24 hours to vacate the premises. If they do not, they can be forcibly removed by a sheriff or constable.
What Happens After the Court Ruling?
The court will issue a final judgment in favor of the landlord and order the tenant to vacate the premises. If the tenant does not comply with the order, the landlord can request that the sheriff or constable remove the tenant from the property.
Conclusion
Evicting a family member in Florida can be difficult but necessary if the situation calls for it. Hopefully, we have provided some tips to make this process easier and given you an understanding of the steps that need to be taken in order to evict someone from your property. Before proceeding with any action, make sure you know all of your rights as a landlord and consult with a legal professional if needed. Good luck!
