My Experience Going Through an Eviction in Florida as a Small Landlord

[Antonio Velez]

This post serves as an informational piece and reflects my personal experience navigating the eviction process in Florida. This is not intended to serve as legal advice. 

By: Antonio Alejandro Velez                                                   Linkedin      +      Instagram         

I’ve wanted to get into real estate for as long as I can remember. I didn’t know I would be called an investor, but I always liked the idea of owning property, tailoring it to my specifications, and building a business around providing stable, clean housing to others. A few years later, I bought my first rental at 21. I was eager to get into the game and learn as much as possible, and the fastest way to learn is by doing. 

Before diving into real estate, I was aware of the upsides this asset class offers, including tax advantages, different financing opportunities, the ability to replace your income through cash flow, and appreciation. I thought this was the hidden gem. If you did everything right, you were guaranteed success. What I did not fully understand at the time is that even when real estate is considered passive, there are still real challenges. These are not things that should deter investors, but things that should prepare them. The eviction process is one of those realities. It is daunting at first, especially when dealing with lawyers and going to court, but it is part of being an investor. Understanding it ahead of time gives you clarity and confidence when situations arise. Initially, my curiosity led me to consume hours of real estate content. I read books, watched videos, and listened to podcasts. One thing I rarely saw discussed was the eviction process and how much it can test you as an investor. After recently going through an eviction in Florida, I was asked to document the process. This article reflects my experience as a landlord, occasionally working with a property manager, and walks through the step by step process without sharing any personal information. 

For someone just getting started, situations like this can feel discouraging. And even for active investors, experiences like this can make you take a step back and question whether you want to keep scaling.In my opinion, understanding these scenarios ahead of time is what separates informed investors from unprepared ones and allows you to operate with more clarity and confidence. For beginners, maintaining a positive attitude and understanding that eviction is always a possibility helps. For more seasoned investors, situations like this, depending on the severity, may cause you to reevaluate how airtight your contracts are and how you operate, allowing for a more proactive pivot in your next move.

How Florida Approaches Landlord and Tenant Disputes

The state of Florida is considered landlord friendly. This does not mean it is unfair, but rather that it is structured and methodical in its laws. If you follow the proper procedures, you maintain strong control over your property, including its use, pricing, and the removal of tenants who are not following the lease. You need to understand your state’s laws before investing. Some states are not as landlord friendly, and that can significantly impact your operations. If you are investing in real estate, you need to understand the legal framework you are operating in. When everything is done correctly, the process works in your favor.

The Florida Eviction Process

My propery manager and I began by serving a three day notice to vacate due to nonpayment of rent. When serving this notice, it is important to ensure the document is protected and placed in a visible location where the tenant can easily see it. Document everything. No exceptions. We took clear photos of the notice at the time it was posted, including timestamps. That documentation will make or break your case when things reach court. Also, remain professional at all times. Any behavior that could be perceived as harassment can slow the process down or hurt your case. When calculating the three day notice period, weekends and national holidays are excluded. The timeline begins the day after the notice is posted. For example, if the notice is posted on a Thursday, the three day period would not be completed until the following Wednesday.

Once that period expires, you can move forward with filing.

To file with the court, you need three things:

• The lease agreement

• Proof that the notice was delivered

• Documentation showing nonpayment

These can include screenshots, payment records, and photos, as long as they clearly support your claim. Once filed, the court issues a summons. A sheriff or approved process server delivers it, and the tenant has five days, excluding weekends and legal holidays, to respond. If the tenant does not respond or fails to deposit rent into the court registry when required, you can file a Motion for Default. If granted, the court may issue a judgment for possession, returning control of the property to you without a formal hearing. At first, this process can feel like a foreign language. That is normal. You either learn from someone experienced or you learn by going through it yourself. Most people end up doing both.

From notice to possession, this process took approximately 2 weeks. After judgment, the court issues a Writ of Possession. The sheriff then posts a 24 hour notice on the property. The tenant has 24 hours to vacate. If they do not, the sheriff can proceed with a forcible eviction. Once completed, the eviction goes on the tenant’s record, which can impact their ability to secure housing in the future.

If the Tenant Responds

If the tenant files an answer and deposits rent into the court registry, a hearing will be scheduled. At that point, you need to be extremely prepared. I compiled everything, including payment records, maintenance requests, and communication logs. If the tenant does not appear, you may receive a default judgment. If they do appear, expect them to challenge your claims. Documentation is everything here. The more organized you are, the stronger your position. After judgment, the sheriff proceeds with the 24 hour notice and eviction.

If the Tenant Wins

If the tenant prevails, the eviction does not move forward. They may remain in the property temporarily, and any funds in the court registry may be returned to them. At that point, you have options. You can correct procedural errors and restart the process, or reassess the situation if the ruling was based on a valid defense. In some cases, working toward a mutual resolution, such as a payment plan or voluntary move out, may be the better move. You need to be careful here. Any action taken must stay within the law to avoid further delays or liability.

Ensure you are asking questions and going about this process with the patience needed and the foresight that if you’ve done your due diligence at the beginning of the process, you shouldn’t have anything to worry about when conducting it. That’s why it’s so important to ensure you’re at least a little familiar with the state laws before considering renting out your property. This is not just a game, you’re dealing with real people’s lives, and ensuring all parties are satisfied while doing the proper due diligence to protect yourself legally can be a lot. I always recommend that investors have a support system or help from someone such as a property manager, as this can greatly mitigate the burden one takes on when carrying out this task.

[Drew Sygit]

Here's the process in Michigan:

Michigan Eviction Process Explained

Day 1:	RENT DUE: Rent typically due on first of each month.
Day 5:	GRACE PERIOD UP: Last day of Grace Period
Day 6-9:	EVICTION NOTCE SENT: Tenant has exceeded grace period of their lease. Proper Demand form is sent to all tenants to start the legal eviction process, so we force them to address their balance: dc 100a: Nonpayment of Rent (most commonly used – also known as 7 Day Notice, if tenant pays they stay) dc 100c: Notice to Quit to Recover Possession of Property (also known as 30 Day Notice, use if you want a paying tenant gone) Forms can be found at: https://www.courts.michigan.gov/SCAO-forms/LTLC-forms/
Day 13-16:	COURT DATE FILING: While waiting the required 7 days, we try to communicate with tenant to determine if they intend to pay and when. Tenants are offered option of Payment Plan. To keep pressure on them, we usually move the Eviction Process forward by sending the following to an attorney to file for a court date: Copy of the signed eviction notice Copy of a ledger showing balance owing Copy of the lease Copy of any city required landlord license, rental registration, etc. NOTE: Only the property owner can represent themselves in court, we MUST use an attorney.
Day 16-19:	FILING CONFIRMATION: We follow up (f/u) with attorney to make sure they received our email & are filing case with court.
Day 19-22:	COURT DATE CHECKUP: We f/u with attorney for court date if not received yet.
Day 20-25:	COURT DATE SET: When we get a court date, we try to determine if tenant(s) still in property: If so, we try to contact them about paying their balance. We DO NOT STOP the process unless they pay in full! If they request a Payment Plan, we require it to be in writing, with specific dates & amounts, with income documentation to support the payments. If tenant appears to no longer occupy property, we cautiously proceed to secure the property and move their possessions to garage, basement etc. We must be careful as tenant can legally claim treble damages if we inadvertently dispose of their possessions too early.
Day 25:	COURT DATE: Our attorney appears in court to present case against tenant(s). Tenants are given opportunity to challenge the balance we are suing them for. Many tenants do not show up in court, resulting in a default judgment against them. Michigan statute requires tenant be given at least 10 days to pay their balance to stay in the property. If paperwork is not correct or tenant has story judge believes, case may be adjourned to allow additional preparation. Judgments are good for 56 days from judge’s signature date
Day 35:	AFTER REQUIRED 10 DAYS: We contact tenant about their plans to move or pay. We try to be nice, but firm, keeping the pressure on them. If they request a Payment Plan, we require it to be in writing, with specific dates & amounts, with income documentation to support the payments. We may discuss a Cash-For-Keys option with property owner to offer tenant to obtain property possession faster. If we cannot get ahold of them, we inspect property to see if vacated. If tenant appears to no longer occupy property, we cautiously proceed to secure the property and move their possessions to garage, basement etc. We must be careful as tenant can legally claim treble damages if we inadvertently dispose of their possessions too early.
Day 36:	WRIT OF EVICTION ORDERED: The next step in the eviction process is to request an Application and Order Of Eviction (form dc 107, also known as a Writ of Eviction) which requires judge signature. While the tenant can challenge this motion, this rarely happens.
Day 43-46	WRIT OF EVICTION RECEIVED: Order of Eviction should be signed by now, if not f/u with attorney. Once signed, we again try to contact tenant for an acceptable Payment Plan. We may discuss a Cash-For-Keys option with property owner to offer tenant to obtain property possession faster and avoid removal fees. Otherwise, we must legally contact the court assigned bailiff and schedule removal of tenant and their belongings from the property. We are not allowed to do this. Bailiffs are NOT required to give estimates. Most require an upfront payment and then submit a final bill when complete. Several cities require a dumpster at property before bailiff will schedule removal ($350-$450)
Day 46-53:	WRIT OF EVICTION POSTED: Bailiff will mail or post the Writ of Eviction with date they will physically remove tenant’s belongings. Many tenants will now contact us for Payment Plan, Cash-for-Keys or to negotiate for more time. At this point, they are just desperate to stay, but rarely have funds or income.
Day 53-60:	BAILIFF REMOVAL: Court appointed bailiff(s) will remove tenant & their belongings and legally return possession of the property to us. Cost is at least $300, depending on city, number of bailiffs, size of home & amount of possessions and cost of possible required dumpster. We can then rekey the locks and evaluate damages to prep for marketing.
Day 91:	EXPIRATION DATES: If we agree to an extended payment plan with a tenant, the judgment expires 56 days after judge signs it. We can extend this deadline by requesting the Application and Order Of Eviction (form DC 107), which will usually extend our case another 56 days. Otherwise, we will have to start all over again.

Please reference this great document for additional information: Tenants & Landlords, a Practical Guide:
http://www.legislature.mi.gov/documents/publications/tenantlandlord.pdf