Owning an investment property is a popular way to generate income, but dealing with troublesome tenants and the eviction process is an unfortunate reality for many landlords. In fact, chances are that if you own rental properties for an extended period of time, you either already have or will eventually deal with a problematic tenant. One of the keys to real estate investment success is to know when to choose eviction and how to carry it out effectively.
The Eviction Process
A property owner must follow specific rules when carrying out an eviction. We encourage every landlord to become familiar with Florida Statutes Chapter 83 which covers landlord and tenant relationships. If the landlord is prepared to follow the guidelines of this Statute, and has proper legal representation, the process will likely be less frustrating and much less time consuming. Below is a checklist that provides the general step-by-step process that should be followed when evicting a tenant:
- Post a 3-business day notice
- File eviction lawsuit with summons
- Serve tenant with summons
- If no response after five days, request for default
- File for final judgment of eviction with judge
- If tenant is still on property, issue a writ of possession
- Schedule with sheriff to conduct a removal of tenant
Contested evictions include all of the above as well as the possibility of:
- Prolonged litigation
Lawful evictions can be time consuming, frustrating, and tedious. It is usually beneficial for both parties to try coming to an amicable solution in order to avoid the process. However, if a negotiation cannot be reached and an eviction is the last remaining option, the representation of an eviction attorney will prove to be an invaluable asset to owners and landlords.
If you are a South Florida landlord and feel that a tenant eviction may be your best course of action, we invite you to contact our office for a discussion of your situation and how we may be of assistance to you.
The Law Office of Donna Hearne-Gousse