Eviction in Florida can be a long and complex process, and it gets more complex when tenants won’t leave after a written notice. The landlord has to carefully navigate the situation to legally remove them from the property. Landlords may file an eviction notice with the courts, but sometimes, the tenants still won’t leave for various reasons.
A tenant may not agree with the reason for the notice. Before a tenant gets evicted, many states require a Notice to Vacate, which usually varies on the reasons and number of days a tenant has to leave. They could argue 30 days isn’t enough time to move or they didn’t damage broken windows and refuse to repair them. The landlord should try talking to the tenant and present evidence they are wrong.
The tenants could disagree with court rulings. The process has completed and the courts decided in the landlord’s favor, but the tenant wants to challenge it. When this happens, the courts must review the case, which may give the tenant a stay of execution to delay court ruling. The landlord could try to make a deal though it isn’t likely the tenants will be cooperative in this case. In some states, the landlord may be able to file for an expedited hearing, and they can sue for damages caused by delays when expedited hearings aren’t available.
Some tenants can request a stay even if they don’t challenge the ruling. Judges will usually decide on the amount of time. This commonly happens when families have elderly people or kids that make moving more difficult. If a landlord feels it is unfair, they may be able to challenge it with an appeal.
A landlord should never try to forcibly remove tenants themselves, or they could face lawsuits. Seeking the help of a lawyer who knows about landlord/tennant disputes is commonly the best course of action.
