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Michael Gonzalez
Michael Gonzalez,
Category: Legal
Satisfied Customers: 60
Experience:  Managing Member at EWF Title, LLC
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I have aI have a person and one of my premises they 't

Customer Question

I have aI have a person and one of my premises they don't breach of contract two months behind non-payment Naomi for taxes and insurance in the contract says if they're behind two months or more they are supposed to turn the property over to me immediately do I have to file in court or do I get a police officer to get them out and reclaim my property
Submitted: 6 months ago.
Category: Legal
Expert:  Michael Gonzalez replied 6 months ago.

Hello and welcome to JustAnswer.

Yes, you need to file an eviction. Florida does not allow landlords to utilize self-help. Under Florida law, you will first serve a "Three Day Notice" of eviction and past due rent. If the tenants do not pay then you will file a Complaint in County Court for eviction and have the document served on the tenants. You may also include a count for past due rent. Once you receive a judgment in your favor then a "Writ of Possession" will be issued by the Court. Once issued, you wil pay a fee for the Sheriff's office to "execute" on the writ and remove any and all tenants living on the property.

I would recommend consulting a local attorney to protect your interests and rights.

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