Eviction Law in Melbourne, FL
Are you losing sleep over a tenant who refuses to follow the lease? Whether it’s missed rent, property damage, or ongoing disruptions, the situation can leave you feeling stuck. Evictions are never pleasant—but they are sometimes necessary to protect your investment.
Start by reviewing the local eviction procedures outlined here. Then, if you’re ready to move forward, we can help you connect with a qualified landlord-tenant attorney in Melbourne.
What Is an Eviction?
An eviction is the legal removal of a tenant from a rental property after proper notice is issued by the landlord. In most cases, the process begins because the tenant failed to pay rent or broke a key provision of the lease agreement. However, removing a tenant in Melbourne, Florida, can be more complicated than it seems.
Not every eviction notice results in a court-ordered removal. In fact, most notices serve as a final opportunity for the tenant to correct their behavior. If rent is brought current or the violation is resolved within the notice period, the eviction may be avoided entirely.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a tenant in Melbourne, FL consistently fails to pay rent on time—or stops paying altogether—that may be cause for eviction. While some states allow a limited grace period for the occasional late payment, Florida law takes a stricter approach. If a tenant is repeatedly late, landlords are not obligated to keep extending patience.
Florida law does not guarantee tenants a statutory grace period for rent payments. That means rent is due on the exact date outlined in the lease. If payment is not received on time, the landlord may begin the eviction process without waiting.
To protect yourself during a dispute, keep clear and dated records of each late payment. Deliver late rent notices in writing and retain a copy of every communication. Should the matter escalate to court, this documentation can serve as vital evidence that your tenant failed to meet their obligations and ignored ample opportunities to correct the issue.
The Tenant Violates the Terms or Conditions of the Lease Agreement
A written lease lays out the rules for the landlord-tenant relationship, and both parties are expected to follow them. In Melbourne, if a tenant violates a condition of the lease—such as housing unauthorized occupants, running a business out of the unit, or keeping a banned pet—those breaches may be valid grounds for eviction.
Just as tenants must follow the lease, so must landlords. Florida law requires that landlords fulfill all duties agreed upon in the lease, including maintenance, repairs, and providing access to essential services.
The Tenant Damages the Property
General wear and tear—like faded paint or minor carpet scuffs—is expected when someone lives in a home. But intentional or excessive damage tells a different story. If a tenant punches holes in the walls, breaks windows, or causes major plumbing or electrical damage, that behavior may qualify as “waste” under Florida law, and it can support an eviction.
However, the line between damage and modification can sometimes blur. If your tenant has attempted to make repairs or cosmetic changes without your permission, it might not rise to the level of a lease violation. But when damage poses a health or safety risk—or costs you time and money to restore—the situation may warrant legal action to remove them from the property.
The Tenant Uses the Property for Illegal Purposes
Florida landlords have every right to protect their properties from being used for criminal activity. If a tenant is using your Melbourne rental for unlawful conduct—such as drug distribution, illegal gambling, or weapons sales—you are entitled to pursue immediate eviction. In such cases, you are not required to give the tenant a chance to fix the issue.
That said, you must be able to back up your claims. Documented police reports, arrest records, or physical evidence of the illegal activity will strengthen your case in court. Without proof, an accusation alone is unlikely to succeed. Work with local law enforcement if you suspect illegal use of your rental, and keep careful records of any complaints or violations reported.
How to Evict a Tenant in Melbourne, Florida
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction laws in Florida are strict in both procedure and timing. In Melbourne, landlords must follow specific local and state rules before initiating legal action. That starts with confirming that you have a lawful reason to evict—such as nonpayment of rent, lease violations, or illegal activity.
Under Brevard County eviction procedures, a landlord must provide a written notice before filing an eviction. If the issue is unpaid rent, the tenant must be given a Three-Day Notice to either pay the full amount owed or vacate. This timeline excludes weekends and holidays. Importantly, Florida law does not require landlords to accept partial rent. If the full amount is not paid within the deadline, you have the legal right to proceed with filing a formal eviction.
Other types of lease violations—such as unauthorized pets, noise disturbances, or property misuse—require different notices. Florida law gives Melbourne tenants seven days to correct minor lease violations. If they resolve the issue within that time, they can avoid eviction.
However, if the violation is serious or repeated, you may issue a Seven-Day Notice to Vacate with no option to cure. This type of notice allows you to demand that the tenant leave within seven days without offering a chance to fix the issue.
Step 2. Give a Formal Notice of Eviction
When informal efforts fail, the next step for Melbourne landlords is to serve a formal eviction notice. This written notice acts as a final warning and must clearly outline the specific lease violation—whether it’s unpaid rent, unauthorized occupants, or another breach. The goal is to give the tenant a clear understanding of the problem and an opportunity to resolve it before legal proceedings begin.
The notice must also include a firm deadline. In most cases, this means stating how many days the tenant has to either pay overdue rent or vacate the property. You must also include the total amount due. If you are unsure how to draft this notice properly, you can use a local template or seek guidance from a qualified Florida attorney to avoid procedural errors.
In Melbourne, landlords dealing with nonpayment can issue a 3-Day Notice Form to Pay Rent or Vacate. This notice must be delivered in person, mailed, or posted visibly on the rental property. If the tenant does not pay or leave within the time allowed, the landlord can proceed by filing an eviction complaint along with a CARES Act disclosure.
Once the paperwork is filed, the Brevard County Court issues a summons, which the landlord must have served—often by the Sheriff’s Office. If the landlord prevails in court, the Sheriff can carry out the eviction after giving the tenant a final 24-hour notice to vacate.
Step 3. File the Eviction with the Court
Once the required notice period expires, landlords in Melbourne can move forward by filing an eviction lawsuit with the appropriate court. Jurisdiction is determined by the property’s location, and for most local landlords, this means filing with the Brevard County Civil Court.
Step 4. Contact an Experienced Melbourne, Florida Eviction Attorney and Prepare for the Hearing
An experienced Melbourne eviction attorney can help ensure you have the right paperwork and meet Florida’s strict procedural requirements. Showing up to court unprepared can result in delays or dismissal. Before your hearing, gather the following documents:
- Signed lease or rental agreement
- Full rent payment history
- Copies of any bounced or returned checks
- Emails, texts, or letters exchanged with the tenant
- A copy of the eviction notice served
- Proof of delivery (certified mail, process server affidavit, or posted notice)
Step 5. Evict the Tenant
After a successful hearing, the judge will issue a final judgment in your favor. At that point, the court may authorize a Writ of Possession. This document gives the Brevard County Sheriff the legal authority to remove the tenant from the property if they do not leave voluntarily.
In most cases, the sheriff will post a 24-hour notice before carrying out the eviction. If the tenant still refuses to vacate, law enforcement can forcibly remove them and return possession of the property to you.
Step 6. Collect Past-Due Rent Payments
Winning the eviction case does not automatically recover your financial losses. If your tenant still owes rent, you may need to take further steps to collect. Florida law allows several legal avenues to pursue repayment, including:
- Filing a claim in small claims court
- Garnishing wages, if approved by the court
- Garnishing federal or state tax refunds
- Hiring a licensed debt collection agency
Work with an Experienced Eviction Attorney in Melbourne, Florida
A tenant facing removal will often claim that the landlord failed to follow proper legal steps. In many cases, these arguments focus on how the notice was delivered, the language used, or the amount of time provided. Mistakes—however small—can cause costly delays or even dismissal of the case.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area! We can even help you connect with an attorney across Florida state lines.
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
