NationalEvictions Blog – Learn Through Industry Articles about Legal Services, Laws and the Eviction Process.

Handling maintenance and repairs efficiently is essential for property managers. Here are some steps to effectively manage maintenance and repair tasks:

Handling maintenance and repairs efficiently is essential for property managers. Here are some steps to effectively manage maintenance and repair tasks:

  • Posted: Aug 27, 2023
  • By:
  • Comments: 0

Handling maintenance and repairs efficiently is essential for property managers. Here are some steps to effectively manage maintenance and repair tasks:

The number one problem we hear daily is, LL’s dont do repairs. Why we ask its your property and your income, why wouldent you keep it up to code looking good and in working condition. rents are paid by tenants when they see a LL is taking care of the apts, houses they pay to live in! 

1. Provide tenants with a clear point of contact for reporting maintenance issues e.g an online maintenance request system
2. Respond to maintenance request promptly, it shows reliability
3. Determine the urgency of each request and categorize them based on severity and potential impact such as tenant safety, property condition or further damage. This will help prioritize and allocate resources accordingly.
4. Coordinate repairs with qualified vendors and contractors
5. Obtain multiple quotes from different vendors to ensure competitive pricing and quality of work. Consider factors such as cost, experience, and availability when selecting a vendor
6. Document and track repairs including details of the reported issue, actions taken, vendor information etc
7. Conduct regular inspections. This allows you to address issues before they become major problems
8. Budget for maintenance. This allows ensures that you have funds readily available when needed.
9. Provide tenants with guidelines on how to handle basic maintenance issues e.g proper use of appliances, minor repairs etc
10. Follow up with tenants after maintenance issue has been solved to ensure their satisfaction. Thus helps build/maintain tenant landlord relationship.
Read other articles on NationalEvictions.com
search our directory, buy forms, and so much more……
Tags: ,
COLLECTING PAST DUE RENT – If you have a renter who owes you money, you have a few options.

COLLECTING PAST DUE RENT – If you have a renter who owes you money, you have a few options.

  • Posted: Aug 27, 2023
  • By:
  • Comments: Comments Off on COLLECTING PAST DUE RENT – If you have a renter who owes you money, you have a few options.

Pursuing collection of bad debt is tricky business so these tactics and tips might make that unfortunate task easier.

Your lease agreement serves as the legal contract that entitles you to collect unpaid rent and additional fees if a security deposit does not cover the amount due.

If you have a previous renter who owes you money, you have a few options.

Pursue Repayment In-House
Landlords and property managers may attempt to contact the previous renter themselves in an attempt to collect the rent.

Locating a previous renter owing back rent or reimbursement for damages may prove difficult as a tenant in default might not always offer a forwarding address.

One way to start the process is to send a demand letter to the last known address on file, even if it’s the rental address.

Be sure to mark the front of the envelope with ‘Address Service Requested’ or ‘Address Correction Requested’ and adhere the appropriate postage to cover the delivery and this added service.

When requested and purchased, the United States Postal Service (USPS) will research their database for the new address, if any, and forward the letter. In addition, the USPS will send you a postcard with the corrected new address.

Debt Reporting
You can also report the outstanding debt to the three major credit bureaus. It will then remain on those credit reports as unpaid rent. To cure the outstanding balance the previous tenant will need to cure the balance before the credit bureaus will remove the file.

If personal contact and credit reporting is unsuccessful, you can file a small claims case or hire a collection agency to pursue the claim.

Small Claims Court
If you file a small claims case against your tenant, following local court rules and your lease terms, you may also be able to collect money for additional damages, late fees, and legal fees.  This tactic requires a heavy investment of time and effort throughout the process.

Check your state collection laws, contact your local small claims court for paperwork, and locate your tenant’s new mailing address  (see above) so they can be notified of the proceedings. Depending on how much your tenant owes you, small claims court may or may not be worth the investment you have to make.

Debt Collection Agency
Working with a company that specializes in delinquent rent collection is the best option for landlords and property managers who do not want to spend their time or resources tracking down a tenant.

A reputable debt collector in an agency will know and follow debt collection laws outlined in the Fair Debt Collection Practices Act (FDCPA). Recognizing the need for accessing a trustworthy collections agency that benefits property managers and landlords by producing results.

Rent collection services will provide their clients a highly trained and experienced staff of skip tracers, attorneys, private investigators, and professional collection agents that team up to provide you an aggressive collection effort.

Some agencies provide a flat fee collection option that allows a property owner to immediately report a delinquent tenant to the credit bureaus and order a series of collection letters to be sent by a licensed collections agency. Flat-fee services are done online and charge a low-cost up-front payment allowing you to keep the majority of the proceeds, while contingency services charge a percentage of the money collected.

PURSUING PAYMENT FROM CURRENT TENANTS WITH DELINQUENT RENT

The main component of a lease is the agreement the tenant has made to make timely payments of the agreed amount in exchange for the right to occupy the rental. When they pay late or less than the agreed amount, they have violated the lease agreement and you have options on how to proceed.

First and foremost, become the expert regarding your local and state regulations regarding tenant payments and your options to pursue and how to document and navigate those choices.

Payment Arrangements
If local regulations allow and rent payments have become severely delinquent consider allowing the tenant a fresh start where they pay their next rent amount in full plus an installment amount to put towards the past debt.

When making this type of payment arrangement, create a lease agreement addendum outlining the payment arrangements to pay current plus partial back rent.

An easy way to calculate the amount due is to divide the past rent debt by the number of months left in the current lease. If the lease will end soon or that amount is too great a burden, you might consider asking them to sign a lease extension, giving them longer to pay off the debt.

Payment Incentives
Depending on your regulations, you might be able to offer a rental discount for on-time, full, or partial payments.

Regardless of how you choose to work with your tenants to bring their account current, it is important to be aware of what you can not do

 

WHAT NOT TO DO WHEN COLLECTING RENT

Don’t Go Rogue
In the news are reports of landlords taking matters into their own hands to get tenants to pay rent or leave such as removing front doors and turning off utilities. This passive-aggressive behavior is not only unprofessional but is absolutely illegal.

Don’t Harass Your Tenants
Tenants have the right, regardless of their payment status, to quiet enjoyment of the home. That includes the freedom from harassment. To ensure you are careful not to cross the line, know and follow all regulations regarding written notices as well as verbal and electronic communication.

Don’t Give Unauthorized Notices
Notices such as late rent notices, notice to quit, notice to vacate, and demand letters are legal documents. Your state and local area have specific laws on which notices are appropriate and how to serve them. If following legal guidelines that require posting a notice on the door, be certain to place that notice in a sealed envelope.

Don’t Call Outside of Business Hours
Follow guidelines for calling within normal business hours outlined by your local regulations. It’s not only polite but can save you from being accused of harassment.

Don’t Abuse Electronic Communication
It may seem easy to shoot a text over or send a quick email but make sure to only text during business hours and keep all communication (electronic, verbal, or written) very professional and appropriate.

Don’t Show up Unannounced
It needs to be repeated, do not show up unannounced. If you need to go to the home, provide the proper notification. Just know, going to their home for the purpose of collecting rent is considered landlord harassment unless the tenant has agreed to a payment pickup.

 

STEPS TO AVOID COLLECTION ISSUES

Setting expectations and clear communication are keep steps to avoid collection issues.

1. Conduct Tenant Screening
Much has been written on the importance of credit and background checks and employment verification in the tenant screening process and these guides can help with those best practices:

It’s never too early to bring up your no-nonsense rent policy during the screening process. Outlining that policy may help weed out the bad players from an interest in your rental.

2. Create a Rent Collection Policy
It’s a good practice to not only add the following into your lease agreement but also create a document outlining your rent collection policy and procedures. Items to consider:

  • A note that partial payments constitute a breach of the lease agreement and partial payments require pre-arrangement.
  • Location and office hours if an in-person drop-off is an option.
    PRO TIP: provide pre-stamped, pre-addressed envelopes and consider installing a dropbox for after hours.
  • Outline payment methods available. Be sure to note any exceptions and how these types of payments can be processed.
  • Fees for processing payments
  • The rent due date. Be sure to note if it is due on or by that date.
  • Grace period. Helpful to include that a grace period is designed to account for weekends, holidays, mail delivery services, and circumstances outside of anyone’s control. It is not a time period to put off paying rent but rather as the name implies, a gracious buffer for the unexpected.
  • Fees: List any late fees, processing fees, returned checks and non-sufficient fund fees, etc. Check local laws on fee limits.
  • A note that it is the tenant’s responsibility to have funds available for processing the payment type chosen. Returned Checks, non-sufficient funds, returned checks, dishonored checks, etc.
  • Consequences. In addition to any fees they might incur, outline what they can expect if they default on rent payment such as termination notices.

3. Offer Varied Payment Options
It’s been documented that offering a variety of payment options can help landlords receive more rental payments.

RENT COLLECTION DURING PANDEMIC AND EVICTION MORATORIUMS

Many misinterpret eviction moratorium to mean rent forgiveness. Because of this, some renters believe that any communication of a past due balance is in violation of the moratorium.

As landlords are aware, any amount in arrears is still due. So, how do you communicate a late balance without it being perceived as an eviction?

First, check with your state if a pay or quit notice is still allowed to be a part of your late payment processes. Although evictions are on a moratorium, the documentation of late payments still needs to be processed in such a way that communicates to the tenant that the rent amount is in arrears and still due. It is the consequences of breaking that portion of the lease that has been paused, not the responsibility of meeting that obligation.

Secondly, you may need to check with an attorney to review your notices to make sure they comply with current regulations.

Regardless of the type of notice to communicate that default that your state allows you to deliver at this time, try to couple that communication with resources and tools to help them as an outreach.

People respond best when they know you care. When discussing their specific difficulties and payment plans, empathy is king.

 

Writing a Demand Letter buy forms on NationalEvictions.com

Writing a Demand Letter buy forms on NationalEvictions.com

  • Posted: Aug 27, 2023
  • By:
  • Comments: Comments Off on Writing a Demand Letter buy forms on NationalEvictions.com

Writing a Demand Letter

You’ve decided it’s time to file a small claim. You’ve heard it’s relatively easy and pain-free. But you realize that you have no idea where to start. How do you even initiate your claim? Well, you begin by writing a demand letter. A demand letter is key to getting your dispute off the ground and into the small claims courthouse.

 

Your First Step in Filing a Small Claim

A demand letter is the layperson’s version of a legal complaint. In it, you state what your dispute is and why you want to handle it in court.

The demand letter must also contain the amount for which you are suing or the specific relief you seek. You submit this letter to the person with whom you have the dispute. If and when you prepare to file, submit a copy to the clerk of court. While you don’t need legal drafting experience to compose a demand letter, it does need to be clear and well organized.

 

You’ll want to give a brief history of the dispute. Explain why there has been no agreement so far. While your opponent may know exactly what happened, a judge or court clerk who may end up reading it will not.

Organize it chronologically, but be brief. That way, an uninvolved observer will be able to follow it easily.

Be polite, concise and specific about what you want and what your next step will be if the problem is not resolved. For example, if it is a debt settlement, include the amount owed and the date it was due. If you are willing to accept a lower amount in settlement, say so. If not, make that clear as well. Let the other person know that if you are not able to come to an agreement, you will file in small claims court. Hopefully, he or she will decide it makes sense to compromise.

 

What to Avoid When Writing a Demand Letter

Avoid threatening or disparaging the other person. Do not use language that will convey your frustration or anger.

Creating a negative mood will only lessen your chances of reaching an agreement. The idea of the letter is to show the other person you are serious and give them the chance to consider their legal choices. It is not an opportunity to insult them or create an adversarial relationship. If

the dispute ends up in court, remember that the same judge who will hear your case will read your demand letter. This is another reason to keep it objective and professional. The last thing you would want is for the judge to perceive you as being antagonistic.

 

How Long Should the Letter Be?

There is no minimum or maximum length for a demand letter. However, shorter is better. It should only be long enough to clarify your intent, not a page more. A letter that gets to the point will show your opponent that you are serious about the lawsuit. It will also help the court clerk and the judges who are extremely busy. The less you give them to read, the better it will be for your case.

Finally, make and keep several copies of the letter for yourself and to use in any future court appearances. If you are lucky, you will not end up in front of a judge but if that happens, you will be prepared.

 

Find your State Below to Download the Forms: 

 

Landlord Tenant – Notices and Letters – Alabama

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – AL-1039LT

Landlord Tenant – Notices and Letters – Alaska

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – AK-1039LT

Landlord Tenant – Notices and Letters – Arizona

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – AZ-1039LT

Landlord Tenant – Notices and Letters – Arkansas

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – AR-1039LT

Landlord Tenant – Notices and Letters – California

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – CA-1039LT

Landlord Tenant – Notices and Letters – Colorado

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – CO-1039LT

Landlord Tenant – Notices and Letters – Connecticut

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – CT-1039LT

Landlord Tenant – Notices and Letters – Delaware

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – DE-1039LT

Landlord Tenant – Notices and Letters – District of Columbia

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – DC-1039LT

Landlord Tenant – Notices and Letters – Georgia

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – GA-1039LT

Landlord Tenant – Notices and Letters – Hawaii

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – HI-1039LT

Landlord Tenant – Notices and Letters – Idaho

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – ID-1039LT

Landlord Tenant – Notices and Letters – Illinois

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – IL-1039LT

Landlord Tenant – Notices and Letters – Indiana

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – IN-1039LT

Landlord Tenant – Notices and Letters – Iowa

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – IA-1039LT

Landlord Tenant – Notices and Letters – Kentucky

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – KY-1039LT

Landlord Tenant – Notices and Letters – Louisiana

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – LA-1039LT

Landlord Tenant – Notices and Letters – Maine

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – ME-1039LT

Landlord Tenant – Notices and Letters – Maryland

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MD-1039LT

Landlord Tenant – Notices and Letters – Massachusetts

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MA-1039LT

Landlord Tenant – Notices and Letters – Michigan

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MI-1039LT

Landlord Tenant – Notices and Letters – Minnesota

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MN-1039LT

Landlord Tenant – Notices and Letters – Mississippi

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MS-1039LT

Landlord Tenant – Notices and Letters – Missouri

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MO-1039LT

Landlord Tenant – Notices and Letters – Montana

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – MT-1039LT

Landlord Tenant – Notices and Letters – Nebraska

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – NE-1039LT

Landlord Tenant – Notices and Letters – New Hampshire

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – NH-1039LT

Landlord Tenant – Notices and Letters – New Jersey

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – NJ-1039LT

Landlord Tenant – Notices and Letters – New Mexico

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – NM-1039LT

Landlord Tenant – Notices and Letters – North Dakota

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – ND-1039LT

Landlord Tenant – Notices and Letters – Ohio

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – OH-1039LT

Landlord Tenant – Notices and Letters – Oklahoma

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – OK-1039LT

Landlord Tenant – Notices and Letters – Oregon

Letter from Tenant to Landlord for Failure of Landlord to comply with building codes affecting health and safety or resulting in untenantable condition – demand for remedy – OR-1039LT

 

Tags:
Do you understand the Eviction Process? Are you aware of your rights as as a Landlord? Do you know your rights as a Tenant?

Do you understand the Eviction Process? Are you aware of your rights as as a Landlord? Do you know your rights as a Tenant?

  • Posted: Oct 14, 2022
  • By:
  • Comments: 0

When you can’t resolve an Eviction on your own, there are laws that a Landlord or a Tenant must follow. Ultimately,  you’ll learn the best approach to complete an Eviction and protect yourself as Tenant. Understandably, the law is complex.  Therefore, we will help you understand the Process as well as the cause of disputes.

The Reality and Rationale Behind the Eviction Process

Eviction is the process that Landlords must go through to remove a Tenant that violate the Lease. This can be a tense situation. When tempers flare, communications become a challenge as each party feels that they have been wronged.  Ideally, the process is easier when there is a written lease agreement. But occasionally, Evictions do happen when no lease is present. Furthermore, in some instances, Landlords and renters work out a month to month agreement. In such a case, they hold the right to deliver a month to month Eviction notice. In the end, it is best to complete the process of evicting a tenant with the help of an Eviction Lawyer.

Different Types of Notices

Landlords can complete an Eviction without much difficulty if the Tenant agrees to vacate. In these instances, there is no need to hire an Eviction Lawyer.

The following are the different types of notices you can send under the Florida Eviction laws when you have cause to evict a renter.

3 Day Eviction Notice

Sometimes Tenants do not pay their rent. As a result, the Landlord can send a 3 day Florida Eviction notice instructing them to pay or leave within 3 days. If they choose not to pay and leave within 3 days, you can file an Eviction. Weekends and holidays are not included in the 3 days.

7-Day Eviction Notice 

This notice is applicable when Tenants violate a section of the lease that can be corrected. It requests a correction of the noncompliance to the agreement within 7 days or the lease is terminated. If you do not receive a response, you can file an Eviction with the help of an Lawyer.

On the other hand, there are violations committed by a Tenant that cannot be corrected.  83.56 defines a violation of this type as Destruction, damage, or misuse of the Landlord’s or other Tenants’ property by intentional act or a subsequent or continued unreasonable disturbance.  If their actions are found to be in violation of this Statute, a Landlord can serve them a 7 Day Notice of Termination.  Unlike a Notice to Cure, they must vacate the property within 7 Days.  Failure to leave allows a Landlord to file an Eviction.

How to Evict Someone in Florida Without a Lease?

Evicting a Tenant without a lease is much easier than Evicting them with a lease.

  • 15 day notice: This is only effective in a month to month agreement. You can send it which alerts your Tenant that their agreement is ending. It must be sent 15 days before rent is due. For example, if you want your Tenant to vacate the premises by March 1, you must send it by February 15.
  • Fixed lease agreements (6 months – 1-year lease):A Landlord may only terminate such an agreement without cause after it has come to an end. In such a case, you are not required to give notice unless the rental agreement explicitly states so.

Different Causes of Eviction in Florida

Multiple reasons can motivate a Landlord to initiate the Eviction process.

Causes of Eviction in FloridaHowever, since Tenants are protected by the law, they are not allowed to evict them without adherence to due process. Common reasons for Eviction include:

  • Non-payment of rent
  • Lease violation
  • Property damage
  • Illegal activities
  • Expiration of lease

Let’s take a look at each of these.

Non-payment of Rent

Ideally, every Landlord expects their Tenant to pay on time. Unfortunately, some don’t honor their end of the bargain.  Before you allow anyone to occupy your rental property, it is vital that they agree to the terms of the rental agreement.

Some agreements include penalties and periods a Tenant may occupy the unit/dwelling before they can be evicted, even if they have not upheld their commitments. However, once this period is over, if they still don’t comply, you will have no choice but to send a notice. If your Tenant neglects to meet the terms of the notice, you can file an Eviction.

Lease Violation

Another reason that a Landlord can evict a Tenant is if they violate non-monetary terms of the lease. In this situation, you may send a notice to remedy the issues; however, if your Tenant does not respond,you can begin the Eviction process.

Some of the common lease violations that are considered as a legal reason to evict a tenant are:

  • Unauthorized pets
  • Unapproved guests or occupants
  • Illegal subletting
  • Wrong use of property such as turning residential property to a commercial one
  • Too many disturbances.

Rental Property Damage

You can initiate the Process if the Tenant causes property damage. Extensive damage indicates extreme circumstances that go beyond regular wear and tear, such as scratches or chips in the paint.

For example, a large hole in the wall or floor are beyond regular wear and tear. To remedy this situation,you can ask your Tenant to fix the problem at their own cost, or if the parties cannot come to an agreement to fix the damage, you can evict the tenant. You must send a Florida Eviction notice, even under these circumstances.

Involvement in Illegal Activities

A Landlord can evict a renter if they are involved in criminal activities such as drug-related crimes. In these instances, you should also alert law enforcement and local councils to the illegal activities.

Crime is a serious offense that warrants invoking Florida Eviction laws. However,it is worth noting that the Florida Eviction process timelines do change if there is a crime involved.

Expiration of Lease Agreement

When lease agreement terms expire,you have the right to evict a renter without any cause. If they refuse to move out after the lease has expired, you can file a lawsuit against them with the help of an Eviction lawyer.

Different Ways to Prevent an Eviction

The best-case scenario in a dispute is to agree before filing any lawsuits. So far, we’ve shown you what rights a landlord has according to the law. Now, let’s take a look at some of the ways Tenants can prevent or delay an Eviction.

  1. Negotiate with the Landlord
  2. Comply with the Notice
  3. Attend the court proceedings

Additionally, some situations fall under Constructive Eviction laws.

Negotiate with the Landlord

As a Tenant, negotiating is the best way to settle a dispute and avoid going to court. When you receive a notice, you should talk with them to see if you can come to an agreement.

A lawsuit costs money, both for you and the Landlord. The best-case scenario is that they agree to stop the Eviction if you agree to certain terms. For example, they may decide to halt the eviction if you agree to pay the rent or remedy your violation of the lease agreement.

Additionally, if the dispute is over non-payment of rent, you may be able to renegotiate your terms to be allowed to pay on a later date. If you come to an agreement with your landlord, you should document the terms of your agreement, and both parties should sign the document for protection.

Comply with the Eviction Notice

In some instances, there is no reason to engage your Landlord.

Not all types of eviction in Legal Florida need defense. At times, the best way out for a tenant is to comply with the eviction notice

For example, if the reason is for non-payment and you can pay the past amount, you should do so. Another example is if you receive a remediable notice. In this case, simply follow the instructions, if possible.

According to the Eviction statutes, a Landlord of a rental property is not allowed to proceed with an eviction if you satisfy their demands. However, if you are unable to comply on time, you can request an extension to the timeline. For example: if the notice states that you must pay in 3 days, you can talk to the Landlord to extend to a period you are comfortable with.

Again, when you agree to any new terms, you should document everything in writing.

Attend Court Proceedings

When a Landlord and Tenant cannot agree upon a solution, or when the Tenant does not or cannot comply with the notice, the last resort of a landlord is filing a lawsuit. Upon the filing of a lawsuit, you will receive the necessary paperwork and be required to respond to the Landlord’s complaint against you.

Constructive Eviction in Florida

This refers to unlawful actions by the Landlord.   This includes terminating utility services that are provided to the Tenant during the lease.  Florida Statute lists these services as water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration.  In addition, they are not allowed to prevent them from entering the property by changing the locks.

How to Fight an Eviction in Florida

As a Tenant, the Law does provide you protection. When you feel that you are being wrongfully evicted, you can file defenses  for one or more of the following:

  • Improper notice: They must contain specific elements. For starters, it must be in writing. Secondly, it must meet all the requirements following State Law. For example, a grace period of 3 days, not including legal holidays or weekends. Furthermore, the following can void a notice:
    1. It displays the wrong amount due
    2. The late fee amount indicated is different from the actual figure
  • When a Landlord does not keep up the rental property: The Laws provide rules and regulations that must be followed regarding the upkeep of the property. Therefore, if they do not comply, you can cite this defense as a reason for your refusal to pay rent. However,  you must give them notice 7 days before noncompliance. If the Judge rules in your favor, you may receive a reduced rent amount. Moreover, you must also comply with the Laws that require a deposit of the rent due to the court registry.
  • Prohibited and unlawful practices: These defenses come with the caveat that you must act in good faith before raising such a defense.

Find Lawyers to help with the Eviction Process in Florida

How Long is the Eviction Process in Florida?

An Eviction can take between 3 to 4 weeks, depending on different factors. These factors include:
1.    If it’s for Non-Payment or Non-Monetary Violations of the Lease

2.   Tenant deposits rent into the Court Registry

3.   Mediation is Ordered

4.  If a Rent is deposited into the Court Registry

5.  Notices contained the correct information

How Late Can Rent be Before Eviction is Feasible?

If a Tenant does not pay their rent on time, they are given a three-day notice. If they do not pay, the Landlord can file an Eviction. The Tenant will be compelled to clear the rent due unless their defense can justify non-payment.

Is Eviction a Public Record in Florida?

As stated above, Evictions are categorized as civil matters guided by the rules and regulations prescribed by the legislature. Therefore, just like other civil matters, Eviction proceedings are public record.

Can You Evict Under New Ownership?

Yes.  However, the new Owner must honor the existing lease.  Therefore, when purchasing a property, it is important that they are aware that a Tenant already resides in the property.

What Do You Do if You are Served a 3-day Notice and Can’t Pay?

In this instance, you can ask for an extension from the Landlord, move out, or risk a lawsuit.

Will Filing Bankruptcy Stop an Eviction?

The Filing of Bankruptcy will only stop an Eviction if a Final Judgment of Eviction has not been entered.

How Much Does It Cost to Evict Someone in Florida?

The cost depends on the Lawyer and how much they charge. However, our firm charges a Flat Fee for all Evictions that includes Attorney’s Fees and Court Costs.

 

Eviction Process for Landlords, Tenants and Property Managers

Eviction Process for Landlords, Tenants and Property Managers

  • Posted: Oct 14, 2022
  • By:
  • Comments: Comments Off on Eviction Process for Landlords, Tenants and Property Managers

Eviction Process for Landlords, Tenants and Property Managers

Per Fla. Stat. § 83.40 et. Seq., landlords in Florida have a legal right to evict tenants from their rental properties. The specific eviction process will be detailed below.

Tenants can be ordered to vacate the landlord’s property based on a number of reasons provided by law.

3 ways landlords can evict tenants in Florida

The following are the three most common reasons for initiating an eviction process:

  1. Tenant failed to pay rent
  2. The tenant did not follow their lease’s rules (e.g. keeping a cat in their unit when the lease has a strict no pets provision)
  3. Tenant did not maintain their unit according to the minimum standards set by Florida law. See Fla. Stat. § 83.52.

What landlords can not evict tenants for

All cities in the state of Florida prohibit landlords from using common forms of ‘self-help’ to push their non-paying or ‘problem’ tenants from vacating their units.

These methods include, but are not limited to:

  1. Removing the tenant’s unit doors
  2. Changing the tenant’s locks to effectively lock them out of their unit
  3. Interfering with a tenant’s utilities, including cutting off their main water valve and other actions

Can tenants sue their landlords?

Yes. Their tenants can sue landlords who take any of the above or similar actions for monetary damages or for statutory damages of up to three times their rent.

Winning tenants can also sue for their attorney fees. If they hire a lawyer on contingency, the lawyer can also try suing to recover their fees.

To avoid any of the issues above, landlords must follow the 5 steps below to properly go through an eviction process.

Notices to use: Download the Forms you need

3-day notice

This notice is given to tenants who didn’t pay their unit’s rent on time. To have any legal effect, your notice to a non-paying tenant must clearly state the exact rent amount due and gives the renter three days to pay up. This 3 day period does not include holidays or weekends.

The notice must say that their tenancy is terminated if the tenant doesn’t pay within three days.

If the tenant fails to pay after the 3-day notice and doesn’t move out, Fla. Stat. § 83.56(3) allows a landlord to start a lawsuit for the eviction process.

7-day notice of lease violation with a chance to ‘cure’

Most leases list terms of occupancy the tenant is supposed to follow. Similarly, there are also tenant obligations required by state law. Landlords send out 7-day notices when the tenant violates these terms.

If the lease terms or statutory obligation violation(s) can be corrected or ‘cured,’ the landlord must give the tenant a 7 day notice with a chance to cure. This type of notice lets the tenant know which lease term(s) they are breaking and that they have a week (7 days) to correct the problem. The notice also lets the tenant know if, after 7 days have passed, the violation continues, this would terminate their tenancy.

If the tenant has not resolved the violation within the 7 day notice period, per Fla. Stat. § 83.56(2)(b), the landlord can go to court to file suit for an eviction process.

Seven-day “Unconditional Quit” notice for uncorrectable lease term violations

According to Fla. Stat. § 83.56(2)(a), tenants can be found to violate lease terms in a way that can’t be cured or corrected. The law provides the landlord with an ‘unconditional quit’ seven-day notice in these situations. This notice spells out the lease terms or statutory provision(s) the tenant violated and tells them to vacate their unit with 7 days or face an eviction lawsuit. Once the 7 days are up, the landlord can go to court to continue with the eviction process.

Other types of notices cover no lease tenants or holdovers

If the tenant hasn’t signed a lease, the landlord can end the tenancy without giving any specific reason. The landlord only has to send proper notice to the tenant, allowing for the number of days provided by Fla. Stat. § 83.57. For instance, month-to-month tenants must be given 15 days to vacate.

Since Florida law does not automatically renew leases when they expire, tenants who continue to rent are considered ‘leaseless.’ Accordingly, the notice process for month-to-month tenants described above, apply to them.

If you want your own Florida lease agreement, head over to Our Forms Pages to download your very own template.

Follow the right method of giving notice to your tenant

According to Florida law Fla. Stat. § 83.56(4)., notices sent to tenants are considered properly delivered if these are hand-delivered, mailed, or, if the tenant isn’t around to receive the notice, leaving a copy of it at the tenant’s residence.

In practical terms, though, many judges require landlords to prove that the tenant actually received notice. This means landlords should use certified mail or require a return receipt when mailing out eviction notices. Still, the best method is to physically deliver the required notice personally. If the tenant isn’t around, landlords must post a conspicuous and hard to ignore notice of eviction at the tenant’s place.

Step #2: Write up your complaint and file your Florida Eviction Lawsuit at your county court

Once a landlord has complied with the necessary notice period of 3 or 7 days,  Fla. Stat. § 83.59 enables landlords to file suit for eviction at the county courthouse with jurisdiction over the rental property area.

To file suit, the landlord or their attorney needs to file the following documentation with the county court:

  • Complaint for Eviction
  • Summons
  • Non-military Affidavit
  • A double-stamped addressed envelope for each defendant

What should the complaint contain?

The complaint must give the court all relevant information it needs to order an eviction:

  • The landlord’s information
  • Location of the property
  • The tenant’s violation
  • A specific request for eviction of the tenant

Landlords must also attach to the complaint a copy of the lease (if any) and a copy of the notice sent to the tenant.

The summons is the notice sent to the tenant informing them of the lawsuit.

The affidavit of non-military status certifies to the court that the tenant isn’t US military personnel on active duty. Different rules apply to active-duty military personnel.

Most Florida country courthouses require a $185 filing fee. In addition, there’s a $10 additional summon issuance fee for each defendant.