Tenant evictions in Merritt Island, FL, require landlords to follow Florida's legal process carefully, including proper notice, documentation, and court filings when necessary. Understanding the steps ensures the eviction is handled lawfully and protects your property and rights.
When a tenant stops paying rent or violates a lease in Merritt Island, landlords often feel stuck or unsure about their next steps.
Florida has a clear legal process for eviction, but it must be followed correctly to avoid delays, legal issues, or having your case dismissed. Understanding the required notices, legal timelines, and court procedures allows you to protect your investment, avoid costly mistakes, and resolve the situation efficiently.
Here's a simple guide to help you navigate the eviction process confidently.
What Is the New Eviction Notice Rule in Florida for 2025?
Florida eviction rules got an update in 2025 under House Bill 615, and the update affects how landlords can deliver eviction notices.
Starting July 1, 2025, landlords and tenants in Florida may agree to receive eviction notices by email or electronic delivery, but only if both parties provide consent in writing.
If electronic delivery is used, landlords must keep proof that the notice was sent, such as an electronic timestamp or receipt. If the email bounces or is not delivered successfully, the landlord must use a backup method like certified mail or personal delivery.
What's the Process for Evicting a Tenant in Merritt Island, FL?
The eviction process in Merritt Island follows Florida state law, so every step must be taken in the correct order to avoid delays or having your case dismissed. Understanding the sequence helps protect your rights and ensures the eviction is handled legally and efficiently.
1. Verify the Reason for Eviction
Confirm that the tenant failed to pay rent or broke the lease. Gather proof such as payment records, photos, or written communication. Documentation will help support your case if the eviction proceeds to court.
2. Serve the Correct Notice
For unpaid rent, issue a 3-Day Pay or Quit Notice. For other rule violations, serve the correct written notice as required by Florida law. This step legally informs the tenant what they must fix and by when.
3. Allow the Notice Period to Pass
The tenant has time to correct the issue or move out. If they resolve the violation, the process ends here. If they do nothing, you can move to the next step.
4. File a Formal Eviction Complaint
If the tenant fails to comply, file an eviction lawsuit with the local county court. This officially starts the legal eviction process. You will receive a case number and court date.
5. Serve Court Papers to the Tenant
The tenant must be legally served with the summons and complaint. This gives them the chance to respond. Proof of service is required before the case continues.
6. Attend a Court Hearing if the Tenant Contests
If the tenant responds or disputes the eviction, a hearing may be scheduled. Both sides present evidence before a judge. The court decides whether the eviction can proceed.
7. Receive a Writ of Possession
If you win the case, the court issues a Writ of Possession. This document allows the sheriff to remove the tenant if they do not leave voluntarily. The sheriff schedules a date for the removal.
8. Regain Possession of the Property
Once the sheriff enforces the writ, you legally regain access. You can secure the property and change the locks. The eviction process is complete.
Common Eviction Mistakes Landlords Should Avoid
Even when you follow the legal process, small errors can slow down or derail an eviction case. Avoiding these mistakes keeps the timeline smooth and protects your case in court. Landlords who understand the pitfalls have a better chance of resolving the situation quickly.
- Giving the wrong type of notice or not serving it correctly
- Failing to document communication, payments, or lease violations
- Letting emotions influence decisions or delaying action
- Trying to remove the tenant without going through the legal process
- Not double-checking the lease terms before taking action
- Attempting "self-help" evictions, like shutting off utilities or changing locks
When Should You Consider Hiring a Property Manager for Evictions?
Evictions can become complex quickly, especially when tenants contest the case, refuse to communicate, or ignore legal notices. If you're unsure about the paperwork, court filings, or Florida eviction timelines, bringing in professional help may save time and avoid costly delays. A property manager can handle notices, documentation, tenant communication, and coordination with legal professionals on your behalf.
Property managers are especially helpful when you want to minimize stress and ensure the process is done correctly the first time. They understand local procedures, know what to expect in court, and can guide you through situations where things don't go according to plan.
Frequently Asked Questions
How Long Does an Eviction Usually Take in Merritt Island?
It depends on the case, but most evictions in Florida take several weeks to a few months. Delays happen when notices are served incorrectly or the tenant contests the case.
Can I Evict a Tenant for Repeated Minor Issues?
Yes, repeated lease violations can be grounds for eviction if they are documented and fall within the terms of the lease. Consistency and proper notices are essential.
What Costs Can I Recover After an Eviction?
Landlords may be able to recover unpaid rent, court fees, and certain damages, depending on the lease and the outcome of the case. Documentation is key.
Do I Need a Lawyer for an Eviction?
Not always, but legal help can be valuable if the tenant contests the case or there are unusual circumstances. A landlord lawyer ensures proper filing and compliance.
Does Tenant Screening Prevent Evictions?
Yes, strong tenant screening can significantly reduce the likelihood of an eviction. When landlords check credit, rental history, income, references, and background, they can identify red flags early and avoid placing tenants who are more likely to violate the lease or fall behind on rent.
Protect Your Property and Handle Evictions With Confidence
Evictions are never easy, but following the proper legal steps, documenting issues carefully, and knowing when to bring in professional support can make the process smoother and more predictable.
Bluefin Property Management provides full-service support for landlords throughout Brevard County, offering expert tenant screening, lease enforcement, maintenance, rent collection, and eviction assistance. Our team combines industry experience with local market knowledge to help you protect your investment and run a successful rental operation.
Get in touch to discover how our professional guidance can simplify evictions, improve compliance, and keep your property performing at its best.
