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OVERVIEW: An eviction is the legal process to remove a tenant from occupying property. The eviction process has definite deadlines and procedural rules that both the landlord and tenant must follow. Failure to comply with the procedural rules or time deadlines for an eviction case can be fatal to your cause. If you need to remove a tenant or if you are a tenant that has received an eviction notice, it is strongly suggested that you seek the advice and help of a lawyer for your case.
In Florida, a landlord cannot simply use self-help measures and forcibly remove a tenant without an order from the Court. Changing a tenant's locks, cutting off electricity, air conditioning or other services are all prohibited self-help measures. A tenant has a legal right to damages against a landlord that uses self-help measures to remove a tenant.
Real estate eviction cases are fast-track cases which means that their timely resolution is a priority. A tenant can be evicted from the property if the tenant violates the terms of the lease. The most common lease violation is the nonpayment of rent. However, excessive noise, improper business conducted on the premises, damage to the property, or nonpayment of rent are all valid reasons for an eviction. Before a landlord can evict a tenant, the landlord must give that tenant either a three-day or seven-day notice to cure and/or vacate. Thereafter, an eviction case can be filed in County Court to put possession of the property back in the hands of the landlord. Once the Court has issued a Writ of Possession, the landlord may move in to take the property back, and the Sheriff's Office will assist you if the tenant will not vacate voluntarily.
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