Evict a Tenant Legally
If you have a tenant who does not pay their rent in a timely manner, or who violates the rental agreement in some way, you may have the right to evict them from the property. However, you have to be careful and make sure you follow the eviction laws in Florida to ensure you handle this process legally.
Reasons to Seek Eviction
An eviction may arise for several reasons. One reason for eviction is if the tenant has caused significant damage to the rental property. The landlord has the right to inspect the property and may discover that the tenant has failed to follow the outline of the lease. If tenants don’t pay their rent on time, they may also be evicted.
Before you can legally evict someone from your rental property, you have to provide a legal notice. This should include the reason why the person is being evicted and the date it is delivered to the tenant. For a failure to pay rent issue, a three day notice is required. If the eviction is due to a violation of the lease provisions, then a seven day notice must be given.
When rental amounts and fees are paid, the landlord cannot evict the tenant. Also, as a landlord, you are not allowed to manually remove the tenant by cutting utilities and power to the house or by removing possessions or equipment from the home.
Non-renewal of the rental agreement also requires a certain period of time that is stipulated in the agreement. For weekly rent, no fewer than seven days and for monthly rent, no fewer than 15 days.
Florida landlords have to adhere to an extremely detailed set of regulations while distributing and creating eviction notifications for their tenants. If the notice does not include some important data – such as the date the renter has to be out – then the eviction is defective. The inaccuracy must be remedied and then the eviction notice redelivered to the tenant.
If the renter does not agree with the eviction, they have the right to take the situation to court. The courts say you have to file the complaint in the county courthouse where the property is located. The renter has a period of five days to respond to this complaint. The court then sets a hearing date and a judge will determine if the eviction is legal or improper.
There is no question that laws related to landlords and tenants are often complex. This is why it is a good idea to secure the legal services of an eviction attorney in Florida. More information about eviction and how to handle the process can be found by contacting HLF Real Estate Law.