Unfortunately, the need for landlords to evict tenants in Florida is both common and stressful. An eviction most often occurs when a tenant falls behind or stops paying rent, or if a tenant becomes a nuisance. Understanding your rights as a landlord can help you navigate the situation more effectively.
Florida Evictions 101
Here is what you need to know if you are a landlord who wants a tenant to vacate your property:
- Knowing the Lease and Rights: The lease agreement should be reviewed carefully. It outlines tenant obligations, such as paying rent on time or maintaining the property. Tenants have rights, including receiving proper notice before eviction and being provided a habitable rental unit.
- Understanding the Notice to Vacate: In Florida, a landlord must serve a tenant with a written notice before they can begin the formal eviction process. The most common notices are the 3-day notice for non-payment of rent and the 7-day notice for lease violations. When a tenant receives such a notice, the tenant is required by law to address the issue within the specified period.
- Responding to the Court Filing: If the issue isn’t resolved, the landlord can file an eviction lawsuit, and the tenant will receive a summons. The tenant is required to respond within five days, not counting weekends or holidays. Failure to respond by the tenant often results in a default judgment in favor of the landlord.
- Seeking Legal Assistance: Eviction can be complex, even for the landlord. For landlords looking to remove a tenant, consider seeking legal advice to guide you through and expedite the process.
- Preparing for Court: If the eviction proceeds, be ready for your court hearing. For landlords, bring documentation such as the lease, payment receipts, and any records of previous communications with the tenant.
There are also some myths regarding evictions. The first is that a tenant does not have to pay rent if the property is in foreclosure. The landlord is still the owner, and as such, is responsible for paying taxes, insurance, and maintenance fees. Landlords still have the right to collect rent, and the tenant is required to pay it. The second misconception is that suing a tenant for unpaid rent and damages will lengthen the eviction process. Landlords will likely be able to regain possession of their property well before a decision is made, since it is a separate count in the eviction process.
Understanding the eviction process and knowing your rights can make a challenging situation more manageable. Stay proactive and seek help if needed. Our firm provides representation to landlords who feel it is necessary to protect their investment and interests throughout the eviction process.
The Law Office of Donna Hearne-Gousse
(561) 582-5670