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

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
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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
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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:

  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.

 

Here are the 10 things every rental property manager should know.

Here are the 10 things every rental property manager should know.

  • Posted: Apr 20, 2022
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1) Technology Is the Key to Success

If you aren’t using rental property manager software, you probably won’t make it far in the US rental market 2020. Honestly, the use of technology in a property management company is no longer a luxury but is now a necessity. Today, there are tools and digital real estate resources that rental property managers can use to their advantage. You can find a less time-consuming and more efficient way for almost every aspect of the job.

I’ll let you in on something the most successful property managers do. They’ve realized how big of a role technology plays in property management and now run all of their operations through one platform. As a rental property manager, there’s a lot of paperwork involved in the work you do. Whether it be from collecting rent payments, drafting leases, or paying maintenance fees, if you haven’t digitized this info, the paperwork will pile up and become difficult to manage. You can also set up some sort of portal on your website to make communication between you, the property owners, and the tenants run smoothly.

2) Property Management Marketing Is Evolving

As the industry changes every day, the way the business functions and the best practices involved change as well. One of the best developments we’ve seen is how to get more property management clients. A lot of residential property managers today have adapted their marketing strategies to attract more property owners to be potential clients. The latest strategies are- you guessed it- digital.

The process of finding and qualifying property management leads can be strenuous and time-consuming. But it’s a nonstop task of becoming a property manager. For your business to grow, your client base must grow. To do that, you need to have an attractive marketing strategy in place. A lot of managers today are generating traffic to their business through social media posts, blog pages, youtube videos, and more. An online presence has become vital for the success of rental property managers as this leads to a level of exposure you otherwise wouldn’t reach. After generating all this traffic to your business and website, you need a way to differentiate the customers from the serious real estate leads.

Our algorithm can instantly qualify leads and let you know which real estate investors and owners are ready to start a rental property business, expand, and hire a property manager. You can confidently match them with the best type of investment property, as you can compare Airbnb vs long-term rentals, and even find off-market properties with our platform.

3) The Importance of Delegating Authority to Your Team

Sometimes it reaches a point where you can no longer take on the responsibility of managing multiple rental properties. Good property management means putting together a reliable property management team. Most of the people you hire will have to take on some form of responsibility and be in charge of specific tasks. Bookkeeping, tenant screening, marketing, rental billing, and maintenance are all tasks you could be delegating to members of your team. Hire people with the same attitude and efficiency as you. This way you’ll be confident in their abilities to get the job done.

4) The Responsibilities of Being a Rental Property Manager

I just very quickly went over the fact that you should lighten your workload by delegating tasks to other members of your property management team, but are you sure you know all of the tasks involved in this profession? It’s important for every rental property manager to know what’s expected from him or her. If you’ve been in the game for a while now, you’ve probably got this on lockdown, but if you’re just starting out, let’s go over a refresher.

How to be a property manager? By following these main responsibilities:

  • Screening tenants
  • Setting rent and collecting rent
  • Scheduling regular property maintenance checks
  • Maintaining records
  • Supervising rental properties and other employees

You ultimately want to make sure that all of the rental properties you’re managing are positive cash flow properties.

5) A Lawyer Can Draft the Rental Lease Agreement

There are landlord-tenant laws set in every state, and usually, they lean to favor one side over the other. As a property manager, you’d want to aim for the landlord-friendly states, as these will ultimately make legal proceedings much easier for you. While every rental property manager should know the landlord-tenant laws applied in their state, hiring a lawyer to help with things like rental agreements is recommended. Hiring a legal professional to either put the rental agreement together for you or to just review the lease you prepared is the best way to protect yourself from any potential tenant fallouts.

6) Property Management Industry Trends Are Always Changing

This is a big-scale thing to remember. This is a fast-paced industry with new factors coming in and out of play constantly. Stay updated on the latest news in the business and what’s in demand, keep an eye out for the competition, and don’t stop working on yourself. If there are new amenities (like smart appliances) that are becoming the new standard, you need to take this into consideration. The services you offer should follow the new things viewed as necessary for a rental unit by tenants. For example, some tenants today won’t move into a rental unit that doesn’t offer electronic rent payment services. As a rental property manager looking to succeed, I recommend you stay updated on real estate market trends, maybe perform a real estate market analysis, and talk to your own clients and tenants to find out what they expect.

7) A Positive Attitude Goes a Long Way

 

You’ll be bound to face some issues as a rental property manager. But the important thing to remember is that this is a normal part of the job. There’s no such thing as perfect, and if you want to succeed in this business, you need to be prepared for any issues and face them with a positive attitude. If you let one wrong thing bring you down, it’ll really be a damper on the rest of your operations. You also want to reflect this attitude in your interactions with clients and tenants.

8) Update Your Rental Units

Regular maintenance checks will let you know which parts of your rental property are operating properly and which areas might have room for improvement. First off, the most important thing is to make sure all the rental properties you manage are up to the health and safety codes. Avoid falling into complacency by staying up to date on any changes to building trends and regulations for these income properties. You should also be able to spot any problems before they represent serious issues and budget changes. If there are any utilities or appliances which can be updated for higher tenant satisfaction, go for it.

9) Organization Makes Everything Easier

One of the most important property management skills is organizational skills. Having organizational and planning skills will really help you progress in your career. Start applying some more organized methods. Set up a well-defined process for routine tasks and a protocol for expected tenant concerns and complaints. Running operations smoothly is easy this way, and you’ll have an efficient and effective business strategy.

10) Networking with Other Rental Property Managers Helps

There are so many forums and associations you can join. They’ll help you get to know other professionals operating in the real estate market. Networking is a key part of being a successful rental property manager and furthering your career. You won’t just get your name out this way, but you’ll also learn and gain some advice from other property managers. A great place to start is LinkedIn. Form some relationships with other people in the industry and learn new ideas, marketing strategies, business practices, and more.

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: Apr 09, 2022
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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.

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.

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

  1.   Tenant deposits rent into the Court Registry
  2.   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

If you want a family member to leave your home

  • Posted: Feb 05, 2022
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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.

 

Step 1

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.

Step 2

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.

Step 4

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.

Step 5

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.

Step 6

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!

The Process for an Eviction has different steps; Let us help you with filing Evictions in your State.

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

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