Eviction

Unfortunately, if you own and rent property, it is likely that you either have or will experience a non-paying tenant.

If you no longer want the stress of dealing with tenants, we are interested in purchasing your property with the current tenant in place (regardless of if they are paying on not). Call us today. We can close within a week.

If you are not ready to sell but are looking for eviction advice, this article is for you:

We highly recommend you start the eviction immediately after the tenant violates the terms of their lease agreement.

  • Renting property is a business. And you need to treat it as such. It is important to be fair and kind to the tenant, but also yourself.
  • If you start the process early, you stay in control. An eviction takes weeks (or longer if the tenant attends the hearing and disputes your case). During this time, you can negotiate and work with the tenant to create a win-win solution. If successful, you can stop the eviction process anytime.

EVICTION PROCESS

Who does the eviction? That depends on how you want to spend your time and money.

  • More Time / Less Money:
    • You can do all or part of the paperwork on your own. Your only costs will be filing fees.
  • Less Time / Medium Money:
    • Hire an eviction company. Fees are charged on a ‘per step’ basis. Expect costs to range from $100 – $500
  • Less Time / Highest Money:
    • Hire a real estate attorney.

What are the 5 steps?

  • Post a ‘3-day notice’ to either pay the outstanding rent or vacate the property.
    • YOU CAN DO THIS STEP ON YOUR OWN FOR FREE. WE HIGHLY RECOMMEND YOU DO THIS STEP IMMEDIATELY AFTER A TENANT IS LATE WITH PAYMENT. OUR EXPERIENCE IS THAT THE MAJORITY OF NON-PAYING TENANTS PAY IMMEDIATELY AFTER RECEIVING THIS FIRST, FREE AND EASY, STEP. TENANTS DO NOT WANT AN EVICTION ON THEIR RECORD.
      • If you mail, make sure you have tracking information as proof.
      • If you post (on the front door, etc.), make sure you take a picture with time/day.
  • Write the complaint and file for eviction with the Clerk of County Court. The landlord must identify themselves as “Plaintiff” with their contact details and “Defendant” and the tenant’s contact information on the complaint.
  • The complainant needs to list the following:
    • The attempt to evict a renter from real property.
    • The fact that the landlord owns the said property, providing its address.
    • Attach a copy of the lease.
    • The date that the last rent was due and unpaid.
    • The date the defendant was served with a notice to either vacate or pay. (3 day notice – Step 1 above).
    • Request the judge evict the occupant and hold him/her responsible for any relevant costs.
    • Notarize the complaint. File the complaint. Pay the court fee.
  • The next step is that the Clerk of Court will send the tenant a summons. The tenant has FIVE BUSINESS days to respond.
    • If they respond, you need to contact the Clerk of Court to schedule a hearing.
    • Once scheduled, the tenant needs to be notified of the case number, hearing time, date and location.
    • If they do not respond, file a motion seeking a default judgment.
  • If the judge rules in your favor, the sheriff will be ordered to evict the occupant in 24 hours. The sheriff will need to serve a summons of possession ordering the occupant to vacate. The landlord will be required to pay approximately $100 to the sheriff’s office for their services.

EVICTION VS. EJECTMENT

An eviction is not the proper remedy for removal of a person or persons who are NOT subject to a lease and do NOT pay rent, the mortgage or utilities in exchange for use of the property. In the case of a person or persons who are enjoying the use of a property and are not subject to a lease and who do not pay rent or contribute to the upkeep and property related expenses, the process by which to remove such person or persons is a lawsuit known as an Ejectment.

Florida law allows for a legal action know as an Ejectment to remove a non-rent paying person living in your home, who has not signed a lease and has no title or interest in the property. Often, this involves a person whom you have allowed to live in your home and who later refuses to leave when asked. Most commonly, this involves either a boyfriend or girlfriend, a family member or a friend who has been invited to stay in your home, who has for some reason become an unwelcome guest and refuses to leave when asked.

An ejectment is a lawsuit filed to which the defendant(s) has/have 20 days to file an answer just as in most normal lawsuits. If no answer is filed within the required time, a motion for default is filed and once entered by the court, a final judgment may be issued ordering the person or persons to leave the home. If they do not leave voluntarily, a writ of possession will be issued to the sheriff and they will come to the property and ask for the person or persons to leave and if they do not leave voluntarily, they will remove them from the property for you. If the person or persons do file an answer, a hearing will be required and if they “lose,” meaning that the court has determined that there are no defenses as to why they should be allowed to remain in the property, the court will issue a final judgment and order requiring the person to leave your home, as above, if they do not leave voluntarily, the sheriff will remove them for you.

Ejectment

If you are dealing with an ejectment, you should contact an attorney.

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