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If the court grants a possession order and tenants still dont leave, landlords must apply for a warrant for eviction meaning bailiffs can remove tenants from the property. A possession order wont take effect until tenants have been living in the property for at least six months.
Evicting Someone Not on the Lease Determine if the persons a guest, roommate, or tenant. Talk to the landlord (if youre a renter). Contact law enforcement /deliver an eviction notice (if required). File an eviction case with the appropriate court (if required). Attend the eviction hearing (if a hearing is required).
To seek ejectment, the owner must file a complaint in the common pleas court in the county where the property is located. The proceedings follow all of the formalities of a traditional civil lawsuit, so an owner should definitely hire an attorney to ensure the requirements of an ejectment action are followed.
A guest who wont leave when asked to do so is technically a trespasserunless, that is, the police think hes a tenant, which makes the situation even more complicated. Houseguests who have been asked to leave and overstayed their welcome are technically committing a crimetrespassing.
Section 83.58 of the Florida Statutes entitles an owner to demand double rent for the amount of time that tenant continues to stay in possession of the property.

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Evicting a Holdover Tenant Similar to normal lease termination, the landlord must provide the holdover tenant with a notice of eviction. In the case of a standard lease, landlords must provide tenants a 3-day notice of eviction for non-payment of rent and a 7-day notice of eviction for violating the lease agreement.
For lease or rental agreement violations, the landlord must give the tenant 15 days to move out (for lease terms of one year or less) or 30 days (for leases of one year or more).
To seek ejectment, the owner must file a complaint in the common pleas court in the county where the property is located. The proceedings follow all of the formalities of a traditional civil lawsuit, so an owner should definitely hire an attorney to ensure the requirements of an ejectment action are followed.
A tenant that remains in occupancy of its leased premises after the expiration of the lease term. Leases often impose penalties for a tenant holding over.
If the tenant remains on the property or returns to the property after the 24-hour period expires, the defendant is trespassing.

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