Kara Sears
Eviction laws in Sarasota and Bradenton, Florida, are subject to state and local laws. In Sarasota, there are two types of evictions: simple and hybrid. A 3-day eviction notice is served when rent has not been paid, and a 7-day eviction notice is served when there are other violations, such as criminal activity. The City of Bradenton Beach allows short-term residential or vacation rentals, but the owner must obtain a permit or license from the Department of Business and Professional Regulation. The same eviction standards and safeguards apply throughout the state, regardless of where a case is filed.
| Characteristics | Values |
|---|---|
| Eviction laws in Sarasota and Bradenton | The same eviction standards and safeguards apply throughout the state, regardless of where a case is filed |
| Eviction types in Sarasota | Simple evictions, hybrid evictions, three-day evictions, seven-day evictions |
| Eviction types in Bradenton | Three-day evictions, seven-day evictions |
| Eviction process in Sarasota | File a complaint, prepare a summons, serve a notice of eviction, wait for the resident's response, set a court hearing date, present the case to the judge, enforce the ruling |
| Eviction filing fee in Sarasota | $185, $10 per summons |
| Eviction filing fee in Bradenton | Not mentioned |
| Rental restrictions in Sarasota | Governed by the Sarasota Uniform Development Code ("UDC") and the city of Sarasota city code |
| Rental restrictions in Bradenton | Short-term residential or vacation rentals allowed with a permit or license from the Department of Business and Professional Regulation |
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What You'll Learn
The eviction process in Sarasota
Firstly, a landlord must serve a Three-Day Notice demanding payment of rent or possession of the premises within three days (excluding weekends and legal holidays). This can be done by sending it through certified, return receipt mail, which must be signed by the tenant, or by using a private process server. If the tenant pays within the three days, the landlord cannot evict them, even if they have failed to pay rent before.
After the cause for eviction has been established, the tenant has three or seven days (depending on the type of eviction) to fix the problem or be evicted. If the tenant cannot be found, the clerk of the court will send the eviction notice by mail. The tenant then has five days to contest, otherwise, the landlord wins the judgment and the tenant must vacate within 24 hours or face forcible removal.
Once the notice has been served, the landlord must file a Complaint describing the dwelling unit and stating the facts authorising recovery. They may also request a judgment for the amount of rent owed. The original Complaint, any supporting documents (lease, etc.), and sufficient copies per tenant must be filed with the Clerk and Comptroller. One additional copy of the Complaint with supporting documents and a pre-stamped envelope must be provided if service by posting is anticipated or becomes necessary. The eviction filing fee is payable in cash, by check, or by credit card. There is also a separate fee for service of the summons. If the Sheriff's Office is used for this service, the cost is $40 per tenant. Private process servers can also be hired, and their fees vary.
If the tenant has multiple breaches of contract, the landlord may choose a hybrid eviction, which is a multi-count lawsuit. In the first count, the landlord will sue for possession, and in the subsequent counts, they will sue for breach of contract, breach of guaranty, etc.
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Eviction notices in Sarasota
There are two main types of evictions: simple evictions and hybrid evictions. A simple eviction is when the landlord is suing only for possession of the property. On the other hand, a hybrid eviction is a multi-count lawsuit where the landlord sues for possession and also for back rent and other damages. In a hybrid eviction, the first count is for possession, and the subsequent counts are for breach of contract, breach of guarantee, etc.
Regardless of the type of eviction, the process starts with a notice and a complaint to file the case. The contents of the notice will vary slightly depending on the type of eviction, but it generally informs the tenant that the landlord intends to evict them and provides a deadline to comply with the notice. This is typically a three-day notice, excluding Saturdays, Sundays, and legal holidays. The notice can be served through a sheriff, a private process server, or by mail, hand delivery, or posting it on the premises.
After the notice period, if the tenant hasn't complied, the landlord can proceed with filing the eviction lawsuit. The filing fee for an eviction in Sarasota County is $185, and there's an additional $10 fee for each summons. A summons must be served to each tenant, and it's important to name all tenants in the notice, complaint, and summons. The summons can be served by the Sheriff's office or a private process server, with the latter typically costing around $40 per serve. Once served, the tenant has five days to respond to the first count regarding possession. If it's a hybrid eviction with a second count for damages, the tenant has 20 days to respond to that count.
It's important to note that the eviction process can be complex, and failure to follow the correct procedures can result in delays or the eviction being dismissed. Therefore, it's always recommended to consult with a lawyer when considering evicting a tenant.
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Eviction filings in Sarasota
If the tenant fails to comply with the three-day notice, the landlord can proceed with filing a Complaint in county court. This Complaint must describe the dwelling unit, state the facts authorizing recovery, and include any supporting documents, such as the lease. The landlord may also request judgment for the amount of rent owed. It is important to note that if the tenant pays within the three days, the landlord cannot evict them, even for previous non-payment of rent.
The eviction filing fee can be paid in cash, by check, or by credit card, with a non-refundable 3.5% fee for credit card transactions. There is a separate fee for service of the summons, which can be served by the Sheriff's Office or a private process server.
It is worth noting that the City of Sarasota has specific regulations for vacation rentals. Vacation rentals within the Coastal Islands Overlay District (CIOD) are governed by Chapter 34.5 of the city of Sarasota city code, which includes a prohibition against leases of less than thirty days.
Additionally, Sarasota County and the City of Bradenton Beach allow short-term vacation rentals, but a permit or license from the relevant authorities is required. Overall, the eviction process in Sarasota follows the state's legal framework, with specific local regulations for vacation rentals.
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The eviction process in Bradenton
To begin the eviction process, a landlord must have legal grounds for eviction. There are two major types of evictions: simple evictions and hybrid evictions. Simple evictions are typically used when rent has not been paid, while hybrid evictions are multi-count lawsuits where landlords sue for possession and back rent or other damages.
Once the legal grounds for eviction have been established, the landlord must serve the tenant with an appropriate eviction notice. In Florida, this can be a three-day eviction notice for failure to pay rent or a seven-day eviction notice for other violations. After the notice period, if the tenant has not fixed the problem, the landlord can proceed with the eviction.
The next step is to file a complaint with the court and pay the associated filing fee. In Bradenton, landlords can use services such as My Florida Eviction™ to help prepare the necessary documents and file the complaint with the Manatee County courts. The complaint should include the allegations necessary to support a claim for damages, such as the amount of rent owed and the period for which it was not paid.
Once the complaint has been filed, the landlord will need to prepare a summons. In Sarasota, these are available at the Sarasota Clerk of Court, and there is a fee for each summons and for service of the summons. It is important to name all tenants in the notice, complaint, and summons.
If the court rules in favour of the landlord, a Writ of Possession is issued, giving the tenant 24 hours to vacate the premises before the sheriff can lawfully remove them. Tenants may present legal defences, such as discrimination, improper notice, or uninhabitable conditions, so proper documentation is essential throughout the eviction process.
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Eviction notices in Bradenton
Firstly, it is important to note that a landlord cannot simply evict a tenant without first terminating the tenancy. To initiate the eviction process, the landlord must provide the tenant with a written notice, specifying the reason for eviction. This notice must comply with state law and be properly served to the tenant.
There are different types of eviction notices used in Bradenton, depending on the situation:
- Three-Day Notice: This is typically used when a tenant has failed to pay rent. The landlord demands payment of rent or vacating of the premises within three days (excluding weekends and legal holidays). After serving this notice, the landlord can file an eviction lawsuit if the tenant does not pay or vacate.
- Seven-Day Unconditional Quit Notice: This type of notice is used for serious lease violations, such as intentional destruction of property, unreasonable disturbances, or repeated lease violations within a 12-month period. The tenant is informed that their lease is terminated immediately and they have seven days to move out. There is no opportunity to remedy the violation.
- Notice to Quit: This notice is served to the tenant, providing a deadline by which they must either comply with the terms of the lease or vacate the property. If the tenant does not comply, the landlord can proceed with legal action.
It is important for landlords to keep a copy of the notice and properly document the delivery method and date. Tenants have the right to fight an eviction, and they may present valid defenses, such as procedural mistakes made by the landlord or failure to maintain the rental unit. Self-help measures, such as locking out the tenant, are not permitted. Only a law enforcement officer can physically remove a tenant after an eviction order has been obtained from a court.
Additionally, if a tenant leaves personal property behind after an eviction, the landlord must notify the tenant in writing, describing the property, providing a deadline for claiming it, and informing them of potential storage charges.
Eviction laws and procedures can be complex, and it is recommended to consult official government websites or seek legal advice for the most accurate and up-to-date information regarding eviction notices in Bradenton, Florida.
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Frequently asked questions
The same eviction standards and safeguards apply throughout the state, regardless of where a case is filed. However, vacation rentals are governed differently by Sarasota County and the city of Sarasota. For example, Sarasota County maintains a general prohibition against leases of less than thirty days. Meanwhile, the City of Bradenton Beach allows short-term residential or vacation rentals, but the owner must obtain a permit or license from the Division of Hotels and Restaurants of the Department of Business and Professional Regulation.
There are two major types of evictions in Sarasota: simple evictions and hybrid evictions. Hybrid evictions are multi-count lawsuits where the landlord sues for possession and also for back rent and other damages.
First, the tenant is served a notice of eviction. The landlord must have a legal reason for evicting a renter, such as nonpayment of rent, lease violations, creating a nuisance, or engaging in illegal activity on the property. The tenant then has three or seven days to fix the problem, depending on the type of eviction. If the tenant cannot be found, the clerk of court will send the eviction notice by mail, and the tenant will have five days to contest. If the tenant chooses to fight the eviction in court, a court hearing date is set. After the hearing, the judge makes a ruling. If the ruling is for the landlord, law enforcement will ensure the resident leaves the premises or is locked out.
