Generally, throughout the Treasure Coast, making an investment in property by renting it to a tenant is a good business, especially if you are a landlord with several properties to lease. However, there are unfortunate instances in which the lease agreement between yourself and your tenant is breached— for failure to pay rent or a violation of some other clause in the agreement. Whatever the cause of this situation, it is important to understand the procedures involved in pursuing an eviction. This article will go over the different steps and procedures to undertake in order to pursue an action for residential eviction in the context of a tenant failing to make timely rent payments
Evicting a tenant for late rent payments requires following certain steps such as giving proper notices, filing a lawsuit – which must be later litigated and resolved in your favor as a landlord – and then, the eviction may take place.
Read on to get in-depth information about each step.
Handing Out a Proper Notice
Florida law requires landlords to provide notices to tenants before filing eviction suits for late rent payments. Basically, a landlord must tell the renter that he or she must either pay the money that is owed or leave the premises by a particular date. The notice length depends on the type of lease, such as a tenancy at will, which must comply with Florida law.
A proper notice must:
- Provide the tenant with three days’ notice to pay rent or vacate – In the case of a year-long standard lease.
- Specify the exact amount of money owed – getting this figure wrong could deem your notice as being faulty.
Consulting a Florida real estate attorney is essential not only to get clarity on tenancy type but also to reduce the risk of issuing faulty notices.
Filing an Eviction Suit
If a notice is not enough to resolve your tenancy problems, the next step would be to file an eviction lawsuit. Eviction suits move faster than normal lawsuits since they fall under summary procedures. Therefore, once a tenant is sued, they have five days to respond.
Tenants typically do not respond to lawsuits but, if they do, they must deposit rent into the Clerk of Court’s Registry and make monthly payments until the resolution of the eviction action. If they fail to respond within five days, they may face default judgment for eviction, leading to a writ of possession from the Court.
Getting an Eviction
To execute a writ of possession, you would have to send it to the Sheriff’s Office along with their fee for eviction. Next, they will schedule a date and time for the eviction to take place. Bear in mind that the Sheriff’s Office will most likely provide you with the amount of time that they need to give the tenant notice of the eviction date. Your Florida real estate attorney can assist in arranging the process.
While it is an unfortunate and often expensive road to pursue, the real estate attorneys at Apfelbaum Law are well equipped with the experience and skill needed to handle your eviction demands. If you have any questions or concerns about residential eviction, please contact Apfelbaum Law for a consultation. We can be reached at 772-236-4009 or contactus@alawfl.com.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
