Legal Q & A: What do you do when the tenant is misbehaving?

If the rental agreement has been terminated for any of the reasons allowed under the Landlord and Tenant Act and the tenant does not move, the landlord can start eviction procedures. In the case of non-payment of rent, the landlord must serve the tenant with a written notice allowing three days (excluding weekends and legal holidays) in which to pay the rent or move. In the case of non-compliance with any other terms and conditions, the landlord must serve the tenant with a written notice allowing seven days cure or vacate the premises.
To gain possession of the dwelling the landlord must file suit, providing the court with a copy of the appropriate notice. The tenant then has five days, excluding weekends and legal holidays to respond in writing to the court. If the tenant does not respond or if a judgment is entered against the tenant, the Clerk of the Circuit Court will issue a writ of possession to the Sheriff and the tenant will have only 24 hours notice prior to eviction. Any attempt by a landlord to evict a tenant by locking that person out of his apartment or by removing the outside doors, locks, roof, walls or windows of the unit or by terminating any utility service furnished to the tenant, including water, electricity, heat, light, gas, garbage collection or refrigeration, whether or not the utility service is under control of or paid by the landlord, is a violation of the Florida Law and the landlord may be liable for actual and consequential damages or three months rent, whichever is greater, and costs, including attorney fees.