Start to finish, here is how we will handle your eviction:

1. Click Eviction Form to complete our basic information form.
2. Email a copy of your original lease agreement to us. You can also mail it, fax it, or drop it off at our Jacksonville office.
3. We will prepare all documents and customize them to your specific county requirements.
4. We can have your documents ready for signature and delivered to you via e-mail within 24 hours. We can also mail them, or they can be picked up from our office for you to sign.
5. After receiving your forms, simply sign, notarize and send them back to us so we can deliver the forms to the Court on your behalf. We can also notarize the forms for you at our Jacksonville office at no cost.
6. We will file the paperwork with the court and will have your tenant(s) served in person by a County Deputy Sheriff or Florida Certified Process Server - often on the same day we receive your signed copies.
7. The tenant has five days excluding Saturdays, Sundays and Florida legal holidays after being served to file an answer with the Court.
8. If the tenant fails to file a response and deposit the back rents with the court, a Default is filed and a judge issues the Final Judgment for Eviction.
9. If the Tenant does not vacate after Final Judgment has been entered, the Sheriff of the county will remove the tenant(s) in person.

jacksonville eviction

FAQs:

1. What reasons do I need to file an eviction?
2. How do I begin an eviction?
3. Can I evict a tenant who has children?
4. What notices do I need to give?
5. How do I serve the notices?
6. What is a Three Day Notice?
7. What amounts can I put on the Three Day Notice?
8. Suppose the tenant tries to pay me?
9. Suppose the tenant only has partial rent?
10. Can I collect late fees?
11. How long does an eviction take?
12. Can I refuse cash?
13. Do I need an attorney to file the eviction?
14. Can I hold off on a repair if I do not receive rent?
15. Can the tenant fight the eviction?
16. Suppose the tenant retains an attorney?
17. Do eviction cases go to court?
18. What happens if the tenant pays the rent to the court?
19. Can the tenant file bankruptcy and stop the eviction?
20. Will the tenant have to pay my attorney's fees?
21. Can I file an eviction if I have no lease?
22. How do I non renew a tenant?
23. Do I need a reason to non renew a tenant?

What reasons do I need to file an eviction?
You can file an eviction if a tenant refuses to vacate the premises after the service of a proper notice to the tenant. Whether or not a notice is “proper” is determined by law and by the lease. Different types of notices are required depending on the reason for the termination. For example, a notice that terminates due to the nonpayment of rent is a different notice than a notice based on criminal activity. Contact us for more information on difficult situations. ^TOP

How do I begin an eviction?
Simply fill our our Eviction Form. All evictions begin with a proper notice that tells the tenant to vacate the premises. Once the notice expires, an eviction complaint is filed with the Clerk of the County Court. ^TOP

Can I evict a tenant who has children?
You can evict any tenant who fails to comply with the lease. ^TOP

What legal notices do I need to give?
It is critical that a proper notice be given. Different types of notices are required depending on the reason for the termination. For example, a notice that terminates due to the nonpayment of rent is a different notice than a notice based on criminal activity. The wording of the notice is important. We can advise you on the proper notice for your particular situation, and we handle all the paperwork. ^TOP

How do I serve the eviction notices?
We prepare the notices and make sure they are properly served by an official representative of the court. ^TOP

What is a Three Day Notice?
A Three Day Notice is the most common type of notice. It is used only in situations where the tenant has failed to pay rent. The notice tells the tenant to either pay the rent within three days or vacate the premises within three days. The language on the Three Day Notice must be very precise. Not all forms that one finds on the internet are valid under Florida law! ^TOP

What amounts can I put on the Three Day Notice?
The Three Day Notice can demand only the rent that is due as of the date the notice is served. It cannot include amounts that are not rent. It cannot demand rent that will become due tomorrow or due any time in the future. ^TOP

Suppose the tenant tries to pay me?
The tenant has the absolute right to pay you the full amount of rent due within the time frame of the Three Day Notice. You must accept the rent if it is offered to you within the three day time period. If the three day time period has expired, you can refuse the rent. ^TOP

Suppose the tenant only has partial rent?
You do not have to accept partial payment after you have served a Three Day Notice. However, you do have to accept rent if the amount tendered is the full amount that was demanded on the notice. ^TOP

Can I collect late fees?
You can collect late fees only if the lease says you can. If there is no written lease, then you cannot collect late fees. ^TOP

How long does an eviction take?
It varies depending on the reason for the eviction, how busy the court is, and whether the tenant mounts a defense. Generally, an eviction for nonpayment of rent where the tenant does not file a defense to the case, takes about three weeks until judgment is entered. If the Sheriff must be sent to make the tenant move, then about another week is added to the time. ^TOP

Can I refuse cash?
Your lease may say how payment is to be made. If your lease says you can refuse cash, then you can refuse cash. Otherwise, you must accept it. ^TOP

Do I need an attorney to file the eviction?
The eviction is a lawsuit, but an attorney is not required to file. It can be filed by jaxevictions.com or by the individual landlord who will then represent himself in court. A property manager can file some evictions. There are advantages to having jaxevictions.com handle the eviction. We are very familiar with the eviction process and can easily handle the filing of the required papers. We have the experience to handle any defense asserted by the tenant and any problems that may arise, and also contract with local attorneys who can be called upon if necessary. ^TOP

Can I hold off on a repair if I do not receive rent?
No. The obligation to repair and maintain property is totally independent of the tenant’s obligation to pay rent. If the tenant has not paid rent, then the remedy is to serve a three day notice. ^TOP

Can the tenant fight the eviction?
The tenant has the opportunity to file an Answer to the eviction complaint. In that answer, the tenant can list the reasons why the eviction should not occur. These “defenses” are then heard by the judge. However, the judge will not even look at the tenant's Answer if the the tenant hasen't deposited the rent that is owed into the court registry. ^TOP

Suppose the tenant retains an attorney?
Just as the landlord is entitled to hire an attorney, so too is the tenant. If the landlord is representing himself in the eviction, and the tenant retains an attorney, then the landlord should seek the help of an attorney so that there would be an “even playing field” in court. We contract with local attorneys and can point you in the right direction. ^TOP

Do eviction cases go to court?
All lawsuits are filed with the “Clerk of Court”. All judgments are signed by a judge. However, not all cases go through a hearing or trial. In fact, most evictions do not require a hearing or trial. If the tenant fails to file an answer or fails to deposit the rent that is owed, a “Default” will be entered and, following that, a “Default Judgment”. For those cases where a Default is entered, there is usually no hearing or trial. ^TOP

What happens if the tenant pays the rent to the court?
If the tenant deposits the rent that is owed into the Court Registry, then a “Final Hearing of Eviction” or an “Eviction Trial” will be scheduled. At that final hearing, the judge will decide if the landlord is entitled to get back possession of the rental premises. The landlord must be prepared to prove his case at the final hearing with witnesses and exhibits. The tenant will have the chance at the final hearing to present proof why he should not be evicted. This hearing may be attendend by telephone if the landlord is unable to attend locally.^TOP

Can the tenant file bankruptcy and stop the eviction?
The tenant can file a bankruptcy case at the bankruptcy court. Once the bankruptcy case is filed, all collection efforts must stop. That means that the eviction must stop until the bankruptcy judge gives permission for it to proceed. Getting that type of permission is not difficult but generally requires the assistance of an attorney who is admitted to practice in that court, and jaxevictions.com contracts with qualified attorneys who can help in this situation. ^TOP

Will the tenant have to pay my attorney's fees?
The Florida Landlord Tenant Act says that whoever wins a landlord tenant case can win attorney fees. Thus, if you are successful in evicting your tenant, you are entitled to a judgment that says the tenant must pay your attorney fees and court costs. Keep in mind that having a judgment for the attorney fees is not the same as having the money in your pocket! You would still need to collect the fees. ^TOP

Can I file an eviction if I have no lease?
Yes. However, you will need to show what the oral agreement was about the tenancy. How much is the rent and how often was it to be paid? On what day was rent due? Those facts have to be alleged in the Eviction Complaint and then proven to a judge. ^TOP

How do I non renew a tenant?
A notice of nonrenewal can be served to the tenant and will be valid if it gives the tenant a sufficient number of days “warning” that the lease will not renew and if it tells the tenant to vacate on the last day of a rental period. How many days must the notice give? Look first at your lease. It may tell you how much notice must be given for a nonrenewal. If your lease does not contain such language, or if there is no lease, then the following rules apply:
-- If the rent is paid on a monthly basis, then give not less than 15 days notice prior to the end of any monthly period.
-- If the rent is paid on a weekly basis, then give not less than 7 days notice prior to the end of any weekly period. ^TOP

Do I need a reason to non renew a tenant?
No. You can nonrenew a tenant for any reason, as long as it is not retaliatory or discriminatory. This answer may be different if the rental property receives the benefit of a rental assistance program or other government benefit. Consult with jaxevictions.com if you are not sure. ^TOP