Eviction Process for Landlords, Tenants and Property Managers

Posted: Oct 14, 2022
By: NatEvict
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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:

Tenant failed to pay rent
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)
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:

Removing the tenant’s unit doors
Changing the tenant’s locks to effectively lock them out of their unit
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.

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: Apr 09, 2022
By: NatEvict
Comments: Comments Off on 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?

These are questions you should be asking before you get in the middle of a dispute.

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.

However, 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.

Negotiate with the Landlord
Comply with the Notice
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.

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.

FAQs Regarding 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

Tenant deposits rent into the Court Registry
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.

If you want a family member to leave your home

Posted: Feb 05, 2022
By: NatEvict
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If you want a family member to leave your home, you must follow an eviction process similar to the one for a formal tenant.

In most states, you can evict any family member over the age of 18. Regulations regarding eviction vary, so make sure you follow the specific procedure for your location.

Gather documents relating to your home and the person you wish to evict. These may include documentation proving you own the home, copies of any rent checks the family member has paid you, and a blank eviction notice form.

Give written notice to the family member, informing him or her that you wish them to leave. Legally, you must give this written notice with sufficient time for a response. A 30-day notice period is common. Regulations vary, though, so follow the requirements for the state and city where you live.

Step 3

Wait out the notice period. If your family member does not leave the home at the end of the period stipulated in your written notice, you will need to start eviction proceedings.

Fill out the eviction notice form. Include all required information, such as the person’s name, the address of your home, and a reason for the eviction. The reason can be as simple as failure to pay rent, or a failure to meet expectations of living at the home. Keep any personal attacks out of your eviction documentation, and be clear and concise.

Make two copies of the eviction notice you have filled in. Ask the family member you wish to evict to sign and date both copies. Give one copy to the family member and keep the other copy for yourself.

File for a court hearing if the family member refuses to leave the home after being served with an eviction notice. Again, there may be a minimum waiting period before you can go to court. At the hearing, the judge can issue an order of eviction. This will enable you to call for assistance from law enforcement if it’s necessary to remove your family member from the home.

Find and learn the process of an eviction in the State your property is located in.

Each State has different things to do in an eviction, This is called the process of an eviction. Most all evictions start with some kind of termination of the tenancy either by the Landlord or the Tenant. Every State has Laws that make it necessary to follow that State’s Process in the event of an Eviction. Learn The Eviction Process in your State. Landlords and Tenants find information on how to evict a tenant or how to defend an eviction.

Find the Eviction Process in the State you live in!

Landlord Help: Filing Evictions

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Tenants Help, Defending Evictions

Tenants have rights learn how to answer the eviction, along with the laws that protect you in your State.

Tags: Eviction Information, LANDLORDS, Legal Articles, TENANTS

What is a Retaliatory Eviction

Posted: Feb 05, 2022
By: NatEvict
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What is a Retaliatory Eviction

What Is a Retaliatory Eviction?

A retaliatory eviction occurs when a landlord attempts or succeeds at removing a renter, or refuses to renew a lease in response to a complaint or action that is within a tenant’s legal rights.

Retaliatory evictions are generally illegal, as they take place following a tenant’s exercise of one or more legal rights. Evictions are typically governed by state law.

KEY TAKEAWAYS

Retaliatory eviction is when a landlord removes or fails to renew a lease agreement in order to get back at a tenant for some activity that falls outside the lease or legal purview.
Retaliatory evictions are generally illegal, as they take place even when a tenant is acting within their legal rights.
As an example, a retaliatory eviction might occur because a tenant complains about potential health or building code violations or withholds rent as leverage for necessary repairs the landlord refuses to make

Understanding Retaliatory Evictions

Landlords can legally evict tenants for failure to pay rent or for some other action that breaches a rental contract or lease agreement. In a retaliatory eviction, landlords take action when tenants act within their rights. Legal tenant actions that can spur a retaliatory eviction include complaining about potential health or building code violations, withholding rent as leverage for necessary repairs the landlord refuses to make, or organizing tenants in resistance to poor rental conditions.

Tenants who experience a retaliatory eviction can run into difficulty proving their case in court, however. In some cases landlords will present the court with an entirely different rationale for the eviction, forcing the tenant to lay out the connection between their activities and the landlord’s decision. Retaliatory evictions that take place within a reasonably short time after the precipitating event are generally easier to prove in court than evictions that take place long after the tenant upset the landlord.

It’s easier for a tenant to prove a retaliatory eviction when it takes place in close proximity to the behavior that upset the landlord.

Legal Reasons for Eviction

Landlords and tenants have legal rights under their state and local laws, as well as rights enumerated in their rental or lease agreement. Both groups should be familiar with those rights. Most states allow landlords to evict disruptive tenants when they engage in illegal activities, such as selling drugs out of an apartment, or when they repeatedly disturb neighbors with loud parties, arguments, or fights.

States generally consider illegal other retaliatory activities that are undertaken in an attempt to get tenants to break their lease. Landlords, for example, usually cannot legally harass tenants, cause a deterioration in their living conditions, or raise rents in an attempt to make tenants uncomfortable enough to break the lease themselves. When tenants refuse to obey an eviction notice, courts often must navigate a gray area to figure out whether the landlord’s activities fall under the retaliatory category or whether the eviction lies within the landlord’s legal rights.

Example of a Retaliatory Eviction

Let’s say a tenant who rents an apartment in a highly desirable neighborhood files a complaint about a pest infestation or a persistent mold issue in their rental unit. The landlord may believe it will be easier and cheaper to evict the tenant and put the apartment up for rent, hoping that a new tenant will either live with the issue or solve it on their own. If the tenant can prove the eviction stemmed from their complaint, a court would likely consider the eviction retaliatory. This would place the landlord in legal jeopardy.

WHEN YOUR LANDLORD SELLS YOUR RENTAL HOME What happens?

Posted: Jan 24, 2022
By: NatEvict
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WHEN YOUR LANDLORD SELLS YOUR RENTAL HOME

I just found out my landlord is selling my rental house – what does this mean for my housing situation?

TERM LEASE AGREEMENT

A term lease agreement is a housing agreement between landlord and tenant for a designated amount of time, typically 6-months to one year. If you learn about the sale of your rental property, and you still have a few months left on your lease agreement, your new landlord will not be able to kick you out.

When a buyer purchases a renter-occupied home, he must agree to take over the lease and honor the terms the tenant signed. A buyer can ask the renter to sign a new lease with him, but technically the tenant does not have to.

EXCEPTIONS TO HONORING A TERM LEASE

The only exception would be if your lease agreement has special conditions regarding a property sale. If your state allows it, your lease could contain language that says something along the lines of, “in the event of the sale, the current lease agreement will be void once a new owner takes over the property”. While it is possible that your lease could have this type of property sale clause, they are not very common.

Another exception would be if you and your landlord mutually agree to end the lease agreement, and you agree to move out on a designated date. In these cases, the tenant can have some leverage to ask for relocation fees from the landlord, since you are doing them a favor by moving out.

MONTH-TO-MONTH LEASE AGREEMENTS

If your current lease agreement is a month-to-month tenancy, you have less security when it comes to staying at the property during a sale.

If your landlord wants you to move out prior to an official sale, he merely has to provide you with proper notice to end tenancy and move out on a specified date. Most states require a landlord to give a tenant anywhere from 30-60 notice informing a tenant that tenancy will end and they need to move out. Some cities have even more lenient timelines, for example, landlords in Portland, OR, must give their tenants 90-days notice to vacate.

Remember, these notices to vacate are not evictions. They are friendly terms of ending a rental tenancy with your current landlord. While it can be shocking to learn you have to move, that is one of the realities of being a renter, your landlord can choose to sell his rental property at any time.

HOW TO HANDLE THE SALE PROCESS

Talk to your landlord. Hopefully, your landlord will be upfront about his intentions to sell the property and keep you informed as to whether he hopes to sell to another investor who will keep the property as a rental. He could be selling the property for any number of reasons, and the more friendly you are during the process, the more likely he will be to encourage the new buyer to keep you as a long-term tenant.

WORKING WITH A REAL ESTATE AGENT

A potentially frustrating part of living in a rental that is in the process of being sold is dealing with showings, inspections, and any property upgrades seller decides to complete the sale. These types of typical selling activities can be a huge disruption to a renter who wants to live in peace.

A lot of tenants feel uncomfortable with the idea of strangers constantly coming through their homes during open houses and showings. Unfortunately, there is little a tenant can do to complain about this part of the process. Your landlord must give you 24 hours notice (or whatever the notice requirement for your state is) before a real estate agent, inspector, or anyone shows up and enters your property – but he does not have to accommodate your request to always be present during these events. Try to work with your landlord to come up with a solution where you feel comfortable and your landlord is still able to sell his home. Remember the more accommodating you are during the sale process, the faster it could be sold and this whole ordeal will be over.

It is not acceptable for a real estate agent to just show up and enter the property unannounced. They must provide advanced noticed according to your state laws for entering the property. If this keeps happening, you need to speak with your landlord so he can relay the laws to the agent who may be unaware

Tags: Eviction Information

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