What is the procedure in FL to evict a tenant, who did not leave when the lease ended

Question

Hello, asking for help with the advise about new law signed by the governor that allows to evict squatters using sheriff's help. If the tenant extended the lease twice, but when it ended, he is still located in the house refusing to leave. We contacted the tenant by email, by texting, and once talking telling that he has to leave at the end of the lease, but now the tenant does not want to communicate and does not pick up a phone. His wife, who has her house 20 minutes away, is also coming to the house without a lease agreement. Are they technically become squatters now? We tried to find a proper form for the eviction notice - as, if I understand correctly, once eviction notice is posted, we could ask sheriff's office to help us to remove the tenant. So a question is - please guide me to the proper eviction form that indicate to leave the property as the lease ended. We are in touch with the attorney, but I decided to check here to get a form faster if someone could guide to the proper form location.

Do I understand correctly that we cannot turn the electricity and water off, despite that it is under the owner name, not under tenant?

Any other advise on how to proceed?

Do I understand correctly that we cannot turn the electricity and water off, despite that it is under the owner name, not under tenant?

Any other advise on how to proceed?

Ryan Cleary · Answer

Hey Celebra,

@Kim Meredith Hampton and @Adam Bartomeo have excellent advice, better than I can offer! If it was me, I would hold off on any further communication with the tenants to protect myself until I had a clear plan on how I would get these tenants out.

Good luck, let us know how it goes!

Adam Bartomeo · Answer

Oh boy... It sounds like there were a lot of things done here that would not protect you when something like this happens.

They are not squatters; they are hold over tenants. Now, I don't know what your lease says but for hold over tenants you are now allowed to retain their full security deposit and charge double rent.

The first step when asking a tenant to vacate is to post a non-renewal notice. Being that they are considered a M2M tenant you can post a 30-day non-renewal. The second step after the 30 days is to file the eviction with the courts. You would then have to serve them and file that with the courts. Once you initially file it should take about 30 days to evict. If they appeal then it will normally take another 7 - 14 days. This is only true IF YOU FOLLOWED ALL OF THE PROPER STEPS.

If they are not paying any rent then you will have to post a 3-day notice. After 3 business days has passed and you did not accept any rent then you can file for eviction with the courts. It will then follow the same steps as above.

We normally post both just in case the tenant does pay and you accept some or all of the monies owed. Then if they don't leave after the 30 days you could proceed with the holdover eviction.

You should NEVER have the utilities in your name. You cannot shut off the utilities.

You do not have to have an attorney to do this although the process and paperwork can be daunting for someone who hasn't done it before and doesn't know the laws. There are companies that specialize in the eviction process that are more efficient and faster than attorneys.

Kim Meredith Hampton · Answer

Celebra

They are now holdover tenants, you must go through the regular eviction process.

The new squatter law is for “unknown” people that break into your property and begin taking up residence.

Evictions in Florida typically take up to 45 days, but most likely a little faster with a holdover

Celebra Queen · Answer

Thank you so much for very informative answers! I appreciate time and efforts of Kim, Adam, and Ryan to provide such clear and informative answers! The tenant was served with 3 day notice to pay or leave and 30 days notice of non-renewal.

I also appreciate very much of biggerpockets site and the whole community dedicated people of providing information and great answers for newbies! I am so happy that we found the site!

Thank you very much!

What is the procedure in FL to evict a tenant, who did not leave when the lease ended

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