How to Evict a Tenant in Florida? Step by Step Florida Eviction | Orlando Property Management
Вставка
- Опубліковано 7 лип 2024
- Are you a self-managing landlord that has a bad tenant? Is it the 10th of the month and still no rent? Do you get excuse after excuse from your tenant as to why their rent is late? Well, you’re not alone, these are common scenarios that landlords often face in Florida. When you give an inch, they’ll take a mile. As a self-managing landlord, the thought of eviction can seem like a daunting task. If done incorrectly, an eviction in Florida can be a time-consuming and costly event. This blog topic will teach you step-by-step what an eviction entails here in Florida. At The Listing Real Estate Management, we are a full-service Orlando property management company and serve as a resource to you and your rental property.
Read the full article at:
www.thelistingrem.com/blog/ho...
Why Evict?
Most evictions in Florida are going to be grouped into two categories; non-payment of rent and tenant breach of contract. As a seasoned property management company in Orlando Florida, we have seen that those two reasons are the most popular among evictions in Florida. If the reason you are evicting your tenant in Florida does not fall into these two categories, the best course of action would be your standard Notice of Non-renewal. This will depend on the lease term. If your tenant has been a pain for the last 10 months, we recommend putting up with them for the remaining two months and letting them go at their lease expiration date. You may regret renting to your current tenants, but rather than going through the headache of eviction, we would suggest just wait it out until their lease ends. Wash your hands of your trouble tenants and hire a professional property management company.
Florida 3 Day Notice to Pay Rent or Quit
Proper notices according to “Chapter 83” Florida Statutes allows you to post a 3 Day Notice to Pay Rent or Quit. This is the notice that needs to be posted (according to your lease agreement.) The laws according to Florida Statutes affect any rental property that is considered long term, anything over 6 months and one day. When your tenant does not pay rent during the time-frame stated in your lease agreement, you will post your 3 Day Notice. Once the 3 Day Notice to Pay Rent or Quit is posted your tenant has three business days (not including weekends and holidays) to deliver rent. If your tenant does not deliver rent before the last day stated on your 3 Day Notice, then it is critical you do not accept rent after that if you wish to pursue the eviction.
7 Day Notice to Cure
You drove by your rental property doing your quarterly drive-by and noticed a dog running around the property and three adults living on the premises. As the landlord, you boil with anger knowing that your lease states no pets and no unauthorized occupants. Both of which you know are in breach of their lease agreement. You will need to serve your 7 Day Notice to Cure. Your 7 Day Notice to Cure is when your tenant is in breach of their contract or not following the terms of your agreement. You must give your tenant 7 calendar days to correct the violation. If your tenant refuses to correct the violation, then you will need to continue to eviction and consult your attorney.
15 Day Notice
Terminating a month to month lease agreement according to Chapter 83, Florida Statutes, landlord or tenant can give their 15 Day Notice to Vacate. Month to month lease agreements are not recommended due to the short notice landlord or tenant can give. It can benefit a Florida landlord if the tenant is being troublesome, serve your 15 Day Notice. As a professional property management company in Orlando, we recommend to never agree to a month to month tenancy or carry over your 12-month lease into a month to month option.
Now that we understand the proper legal notices served in accordance with Chapter 83 Florida Statutes. Below is the step by step eviction process in Florida:
Steps to Eviction:
Step 1. Deliver/post the notice which applies to your situation (Non-payment or Breach of Lease Agreement)
Step 2. File the Eviction: Evictions are filed at the courthouse in the county where the property is located
Step 3. Court serves a summons
*Please note, we highly recommend consulting an attorney for eviction consulting and advice.
Looking for professional property management services in Orlando Florida? Reach out to The Listing Real Estate Management, we are a full-service Orlando Property Management company and focus on you as a homeowner or real estate investor. Visit www.thelistingrem.com to contact us.
Subscribe to our UA-cam CHANNEL & Follow us on Social Pages to stay up to date:
Facebook:
/ thelistingrem
UA-cam:
ua-cam.com/channels/K8T.html...
#evictioninflorida #howtoevictatenant? #evictingatenant #orlandopropertymanagement #thingstoknowabouteviction
Im new to all of this and just curious if while at the court hearing, will the court order the tenant to pay the owed rent or just make them get out? And when you find the home completely ruined by the tenant (more damage than what the deposit would cover) does the court order that to be paid for?
Thanks for the video. Do you need a Summons and Complaint for every person in the home or just who is on the lease? I have a tenant that is subletting to 2 other people. Can 1 form work with all names or add “et al “after the Original Tenant’s name?
Eviction steps are useful and good to know. Steps start in the middle of the video
If a landlord has an eviction case that went to a hearing and the tenant was ordered to deposit the rent with the court. The tenant refused to deposit the rent and moved out of the property instead. Once the tenant was out, the landlord filed a Motion for Default and a Motion for Judgement. The motions were accepted by the court but nothing happened. How can the landlord file a request for hearing to have the motions reviewed and receive a ruling?
It may be best to consult an attorney. We typically either have our attorneys process any evictions and or send the balance/amount owed to collections.
I have a Month to month tenant... what should I do?
My mom is renting out an efficiency to my cousin and she hasn’t been paying rent. There is no rental agreement and my mom asked her to leave and she stated we have to get the sheriff to get her out. She clearly knows the law and taking advantage of the situation. Could my my evict her without a lawyer if there’s no rental agreement?
That is an unfortunate situation, we recommend not renting to family or friends as this relationship often turns sour. Regarding the eviction process, you will most likely need to start the eviction process and or contact a lawyer. We hope this helps!
What if its not a breach of contract or non payment,i just want them to leave?? I rented out a room in my house to my friend and his family and only charged them a mere $100 a month,so they can get on their feet and get out. 8 months later,they made no progress and its clear they're taking advantage of me
Hi Elezen, thank you for your comment; that is an unfortunate situation and too bad they're taking advantage of you trying to help them out. We never recommend renting out a room in your house. It is much more difficult to remove someone that is not on a lease agreement or renting a room within a home. I recommend having a thorough conversation with them to move out and if you're unable to come to an agreement, consult an attorney. Best of luck and keep us updated on how things go. Thank you
Do you have to personally deliver the three day notice? Tenants can argue in court that they did not receive notice for any reason
You do not have to personally deliver the three-day notice. We recommend using a process server as they will properly document the posting date, time, and delivery along with pictures of the notice being posted. Hope this helps!
What happens if I have purchased the property with a tenant in it and they refuse to leave and there is no lease in place but they've been paying rent I've given them a 30-day notice because I'm going to resell the property how do I get them out
Hi Wyndella, If you have provided a 30-day notice to vacate, they should be moved out. In FL you need to provide a minimum of 15-day notice. Do not accept rent if you'd like to evict (of course after you've posted your notice.) You can also offer a cash-for-keys, there are a few methods you can use to avoid having to evict, of course, we recommend consulting with your attorney. Thank you
I have a tenant that has done everything you mentioned from: excuses, non-payment, 8 people in a 2 bed condo, never pays never on time and we go with whatever day he decides to pay..since he's already 3 months behind, etc etc etc. It's bad. Of course this is Broward and why would someone like this be so protected from the state?
Good morning Rj, that is very unfortunate and we are sorry to hear that. That is never a good situation. Wishing you all the best!
Sounds like Florida is not landlord friendly state.....
What if the landlord doesn't post a 7 day notice?
Can you explain the eviction process for an At Will Tenant? Thank you
If you are in Florida you need to post a 15-day notice to vacate and then proceed towards eviction as usual.
What if it's both? Have a tenant you is working but somehow thinks its ok to not pay b/c of the covid moratorium. Also he has a girl and a child living with him which when he signed the lease was just going to be him. Also he is a repeat offender for city violations for improper storage of items on the premise. He has changed the paint on the house, he has constructed several metal roofs to house junk. He has killed the grass (city wants that replaced or we go to court). So many other things to list. Guy is an absolute nightmare!
Hello, that does sound like quite the tenant. We recommend trying to reach an agreement for him to vacate the premises. In Florida, you can evict for non-payment of rent and for lease violation/non-compliance. We recommend Harry Heist who is a great attorney here in Florida. Thank you!
@@TheListingRealEstateManagement thank you
Where I can find information about tenants belongings storage? If the tenant leave and dont take their belongings.
Good morning Paco, that is a great question. Did the tenants give notice of vacating the premises?
Whatever you do, DO NOT TOUCH THEIR PERSONAL PROPERTY .. tenants will call the police on you on personal property appropriation, then you have to settle an agreement
Is the tenant allow to request discovery from the landlord when answering a court summons? Is the tenant also allow to request Bank information in regards to their security deposit and any interest accumulated?
Hi Ana,
That is a great question. Generally, discovery is not allowed in eviction cases here in Florida. As for requesting banking information from the tenant (regarding the security deposit), this should be stated in your lease agreement, typically it will state the address of where the banking institution is located. Hope this information helps! We recommend always consulting with an attorney. Thank you!
@@TheListingRealEstateManagement you are right the bank information is on the lease thank you. Coming February 2021 will be my 3-year anniversary at my apartment here in Palm Beach County. Yet I have not seen a penny of the interest in regards to my security deposit. Is this an issue? I would also like to mention when I moved in I got a receipt for my security deposit and the landlord wrote on the receipt "NOT REFUNDABLE" even if I leave the apartment in good condition being that I live alone, does this mean I cannot request for my security deposit at all?
What discovery?
@@pacogutierrez6620 Discovery is copies of information that the other party either plaintiff or defendant will use to plead their case in which they have to give you. In other words if you ever get a summons to appear in court you have the right to put on your answer and request copies of whatever it is they're going to use against you in court. If they fail to give you those copies before the court date then your case could probably be dismissed. But that is Massachusetts law I don't know if Florida does it for an eviction case. 🤷♂️ Also if you request Discovery then the court date will be pushed forward 2 weeks later 🙆
Steps to the Process @2:33
Thank you for the comment TheFrontSighter, for all that come across this video, the steps to the eviction process start at 2:33. Thank you!
Great information, does one really need to retain an attorney?
Thank you Frank, we always recommend consulting with an attorney. With the amount of time and stress the process may cause it will be in your best interest, typically Florida evictions if uncontested, costs around $850. This can be very beneficial to make sure the process is handled correctly.
I am having this problem, I have a couple drug adicts as my tenants (my mistake, i didn't check their records) they fight and scream all the time, they smoke weed any time they want and God knows what else. I already call the Police once because he punched her and broke her mouth, surprisingly the Police arrested her and not him (weird) I gave them a Warning Notice stating that they have to vacate my property if it happens again. Well short enough it happened again, but he told me to take him to court because he is not leaving.....wtf with this guy? what can i do now? i contacted a Lawyer and told me that the first Notice i sent him has no value because like you said in the video i did not provided them with the 7 days to cure Notice. My question now is if I send them the 7 days to cure Notice, do I have to wait for another fight to send them the final 15 days Final Notice? I really don't want to wait, i just want them to get out of my house. Can you give me a good advice? Thanks.
If they are using drugs you can evict if you state their drug use as the complaint and evict thra bon-conpliance of lease . Just find evidence or a witness
@@cutienana92 I finally got them out of the house. Thanks
What if I don't renew their lease and they are considered a month to month. They have lived in the home over four years and have paid rent on time. What is the fastest way to get them out of my home?
Hi, thank you for reaching out. If your tenants are on a month to month tenancy, you will need to serve them a notice of non-renewal. Your notice must give them 15 or more days before the next rental payment due date.
Judges consider it a month to month rental if lease is non existing or expired non renewed
@@javierespana2807 Correct, if there is no lease in place it is considered a month to month tenancy here in FL
great information!
how do the document's look like and how to file
Hi John, sorry for the delay. The documents that need to be posted here in Florida will appear as the one attached below:
cvweb.leonclerk.com/public/court_services/county_civil_small_claims/forms/3day_notice_landlord.pdf
This will suffice, make sure it is posted in accordance with your lease agreement and Florida Law.
@@TheListingRealEstateManagement thanks
Is that it
@@jaytravel-12 Correct, that is the notice that needs to be posted before filing the eviction at the county where the property is located
@@TheListingRealEstateManagement I was meaning how to fill them out by hand or computer is what I was meaning but thanks for help also.
You have to go to the court home first…… then move forward
Thank you for the Info, very much appreciated!
I bought a house that has a tenant in the house agreement the tenant had 30 days after closing to leave....they won't leave, they got aggressive and called the police.
The police said I need to evict them....what does that mean??
My situation are not the two you offered.
You’ll need to start the eviction process, was any notice of non-renewal sent to the tenants?
@@TheListingRealEstateManagement no
@@anthonyurbanski7030 okay, than a 15 day notice to vacate will need to be served here in Florida. If they have already paid June Rent, I’d recommend giving them until 6/30/2022
@@TheListingRealEstateManagement They have not payed rent in years. This is why the people sold the house. The tenant starts fist fights with anybody that comes to the house. even me last night when they where going to give us the key. The Police came and gave the tenant all the rights. I have owned it for a couple months.
Correct, I would advise to talk with an attorney and go towards eviction
so was this leagle i got jumped by my land lord ua-cam.com/video/Z12Ps4QaCOY/v-deo.html
There's a moratorium on evictions all over the US.
Thank you Aisha. Yes, currently, there is the moratorium on evictions due to the Cares Act. It is difficult to navigate the eviction process due to Covid-19. We will keep followers updated best we can. Thank you!
@@TheListingRealEstateManagement I believe that is already over as lockdown is lifted. Not sure tho.
@@Rj-nh1df Hey Rj, Evictions for non-payment of rent are able to be processed here in Florida
@@TheListingRealEstateManagement unless they filled out the CDC form
Anyone here ever stop to think the reason your tenants can't pay rent is that they have been out of work for potentially months now? Also if you evict them there are not alot of people right now with a security deposit saved up to replace them. There are 3 houses sitting empty in my neighborhood because of this.
Hi Michael, thank you for your feedback, these are definitely uncharted times.
Manual labor is always hiring, landlords still have to pay their mortgages, banks don’t care.
@@krispeteler1351 I don't think the landlords are going to be up for manual labor?
All the non-pay renters as I know their lives like king. They buy New car. New tv. Have Vacation couple times a week. but no money for rent........amazing.....btw. I am I. California 😭😭😭😭😭
Not my problem, I’m struggling too. Don’t sign up for a contract you can’t follow with.