Tampa Eviction Process Explained

Understanding how does eviction work in Tampa can save landlords time, money, and significant legal headaches. Florida has specific statutes that guide the eviction process, and if you don’t follow them step by step, you risk delays, dismissed cases, or even lawsuits. Whether you’re a seasoned landlord, a property manager, or someone dealing with a tough tenant situation, this guide walks you through the eviction process from notice to writ of possession.

Did you know?
Tampa’s Bayshore Boulevard is home to the world’s longest continuous sidewalk, stretching over 4.5 miles along Hillsborough Bay. This landmark serves as a scenic route for joggers and bikers, thereby enhancing the desirability of properties in nearby neighborhoods.

Key Takeaways

• Tampa’s eviction process is highly structured, starting with proper notice and ending with a court-issued writ of possession.
• Serving the correct notice—3-day, 7-day, or unconditional—is crucial before filing a lawsuit.
• If the tenant doesn’t respond or pay, the landlord can file an eviction lawsuit and request a default judgment.
• Court involvement is mandatory, and the sheriff is the only one legally allowed to remove a tenant.
• Mishandling the process can result in delays, dismissal, or legal trouble. Self-help evictions are illegal.
• Hiring a qualified eviction lawyer helps you avoid costly missteps and streamline the legal paperwork.
• Selling to a cash home buyer can help landlords sidestep the eviction process entirely for problem properties.

Step One: Determine the Reason for Eviction

Florida law permits eviction for specific reasons, including nonpayment of rent, violation of the rental agreement, or unlawful activity on the premises. You must first confirm your grounds for eviction are legal under Florida statutes. Common legal causes include:

• Failure to pay rent
• Breaking lease terms (pets, extra tenants, etc.)
• Property damage or criminal activity

Before proceeding, double-check your lease and gather relevant documentation, such as receipts, emails, or photos.

Step Two: Serve a Proper Notice

The eviction process officially begins when you serve a written notice to the tenant. This is referred to as a notice of termination, and it must be served in accordance with Florida’s legal procedures for service of process.

Types of notices include:

• 3-day notice to pay rent or vacate
• 7-day notice to cure lease violations
• 7-day unconditional quit notice (for severe violations)

Ensure you provide the notice in writing and retain proof of delivery, whether via certified mail, in person, or posting on the door.

Step Three: File the Eviction Lawsuit

If the tenant does not comply with the notice, the next step is to file an eviction lawsuit in county court. This is also known as a complaint for the removal of a tenant. You’ll need to pay a filing fee and submit documentation including:

• Copy of the lease
• The notice you served
• Evidence of nonpayment or lease violation

The court will issue a summons, which must be formally served on the defendant (tenant).

Step Four: Tenant Response and Court Hearing

Once served, the tenant has five business days to file a response with the court clerk. They must also deposit the rent owed into the court registry if the issue is nonpayment.

If they don’t respond or fail to deposit the rent, you may request a default judgment from the judge. If they do respond, a hearing date will be set. During the hearing, both the plaintiff (the landlord) and the defendant (the tenant) will present their cases. Evidence and testimony are key.

Step Five: Court Judgment and Writ of Possession

If the court sides with you, the judge will issue a judgment for possession. The clerk will then prepare a writ of possession, instructing the sheriff to remove the tenant from the premises.

The sheriff typically posts a 24-hour notice before physically removing anyone from the premises. It’s illegal for landlords to remove tenants themselves—this includes changing locks or shutting off utilities. Let law enforcement handle it.

Handling Security Deposits and Final Steps

After regaining possession, you must address the security deposit. Florida law requires landlords to return the deposit within 15 days if there are no deductions, or within 30 days if claiming damages or unpaid rent.

Ensure that you send an itemized list of deductions along with supporting documents, photos, or receipts.

Also, remember to:

• Update property management records
• Change locks professionally
• Keep records of all costs for potential court costs or disputes

Legal Pitfalls to Avoid

Eviction laws are precise. Common mistakes that can cost you include:

• Serving improper notice
• Accepting partial payment during the process
• Failing to show up in court with evidence
• Trying a “self-help” eviction (which is illegal)

A qualified lawyer or property management professional can help ensure compliance with Florida law every step of the way.

When to Hire a Lawyer

While not always required, working with an eviction lawyer is highly recommended, especially if:

• The tenant files a lawsuit or counterclaim
• There are multiple tenants involved
• The case involves a crime or a discrimination claim

An attorney can handle motions, affidavits, deadlines, and provide strategic guidance. Their fees are often worth avoiding delays or procedural mistakes.

Fast-Tracking with a Cash Offer

If you’re tired of bad tenants and expensive turnover, consider skipping the legal maze altogether. Selling your property to a cash home buyer means no tenants, no cleanup, and no waiting on courts.

This can be especially helpful for real estate investors looking to offload distressed properties or landlords nearing retirement—no more chasing payments or stressing about credit card chargebacks.

Frequently Asked Questions

How does eviction work in Tampa?

The process starts with serving a legal notice, filing a court complaint, and attending a hearing. If the landlord wins, the court issues a writ of possession and the sheriff removes the tenant.

How long does the eviction process take?

Typically 3–6 weeks, depending on court schedules, whether the tenant responds, and how efficiently notices are served and filed.

Can I evict a tenant without going to court?

No. Florida law requires landlords to file an eviction lawsuit and obtain a court order before removing a tenant.

What if the tenant pays rent after I start the process?

Accepting payment may reset the process or void your claim. Consult a lawyer before accepting partial or late rent.

Do I need a lawyer for eviction in Tampa?

Not always, but if the tenant contests the eviction or files a counterclaim, it’s strongly recommended to have legal representation.

Conclusion

If you’re wondering how does eviction work in Tampa, the key is to follow every legal step carefully—from serving notice to working with the court and sheriff. Mistakes can be costly in terms of time and money, so precision and patience are essential.

Want to avoid the hassle of court filings and difficult tenants? Fill out this form or call us directly at (813) 200-7665 to get a fast, fair cash offer on your property—no evictions, no legal mess, just a clean break.