Property Management Blog

Eviction Protection Process in Kissimmee, Florida: Know Your Rights

Maria Napolitano - Friday, November 25, 2022

Did you know that in Kissimmee, Florida, a tenant must pay what rent they owe before the landlord can evict them?

The eviction process can be a heartbreaking one for Florida families. Times are hard, and the prospect of finding a new home in this market can be devastating. Fortunately, there is eviction protection that can save you from wrongful eviction.

If your landlord has made it known that they want to evict you, it's time to educate yourself. Know your rights concerning the eviction protection process. 

In this guide, we'll discuss how the law protects you.

What Are Grounds for Eviction in Kissimmee, Florida?

To evict a tenant, a landlord must have one of the following reasons to do so:

  • The tenant didn't pay their rent
  • The tenant failed to abide by the rules of the lease
  • The tenant failed to maintain their unit in accordance with Stat § 83.52
  • The tenant proves to be a nuisance to other tenants and the landlord themself

Eviction Protection: How Does Your Landlord Request Eviction?

For starters, a landlord must give you proper notice before they can enact a lawsuit to expel you. There are two kinds of notices:

  • 3-day notice: a tenant fails to pay rent, and thereafter has 3 days to pay (not including weekends or holidays)
  • 7-day notice (with chance to "cure"): a tenant breaks lease agreements and has 7 days to fix what they did wrong
  • 7-day notice (without chance to "cure"): the tenant breaks lease agreements in an irreparable way and has 7 days to vacate

Further, a landlord can demand an eviction if the tenant does not have a current lease. They do not need to supply any reason for this, but the tenant does have 15 days to remove themselves from the premises.

If you fail to abide after receiving these notices, then the landlord can start an eviction lawsuit against you.

What Florida Eviction Protection Do You Have?

First and foremost, your landlord must give you advance notice. The Florida tenant eviction process cannot begin without this step. Any landlord that tries to strong-arm you into leaving is breaking the law.

Further, a landlord cannot try to pressure you into leaving on their own. If they do any of the following, they have broken the law:

  • Removing doors to make it impossible for you to live there
  • Changing locks to prevent you from entering, in effect locking you out of your own place
  • Disrupting utilities, anything from water to electricity

There are a lot of mistakes a landlord can make, but these are inexcusable. 

What Can You Do to Protect Yourself During the Eviction Process in Florida?

The eviction protection process allows you to file a suit if your landlord evicts you for the above reasons. Further, you can file suit if your landlord evicts you without a legal reason. If you have paid rent, obeyed the lease, and not broken any laws, you're in the clear.

If you're a landlord, then you must follow the procedure to get a legal eviction.

Find Property Management in Kissimmee, Florida

When a tenant fails to pay rent or breaks the conditions of a lease, they risk an eviction notice. However, eviction protection means that tenants do have rights during this process. If a landlord violates your rights (or a tenant does not comply) then you now know what to do.

The best property management in Kissimmee is here to help. Contact AMG for tenant and landlord resources.