How To Evict A Tenant In Florida

 

What is Eviction & When Does It Apply?

Eviction is the process of the tenant moving out of a rental unit at the landlord’s request. Some of the reasons that could lead to eviction are;

●        Destruction of property

●        No written lease

●        Regularly late rental payments

●        Illegal activity on the rental unit

●        Violating lease terms

●        Unpaid rent

There are many more reasons for evicting a tenant but the above are the most common.

What a Landlord Can’t Do

Even though the landlord has the right to evict the tenant for the various reasons stated above, it is important to note that the law prohibits the landlord from doing the following;

●        Taking their belongings

●        Blackmailing or threatening the tenant

●        Forcibly removing the tenant from the premises

●        Removing doors or windows

●        Changing locks

●        Shutting off utilities

If a landlord, out of frustration, decides to do any of the above and the tenant sues them, they will have to pay the tenants for damages and rent. Following the right channels will be more beneficial in evicting a tenant.

Situations Where You Give The Tenants A Notice

Alerting the tenant that they may be facing eviction is one of the first things the landlord needs to do. The notice given to the tenant will differ in terms and conditions depending on the reason for eviction.

Refusal To Pay Rent

A 3-day notice should be given to the tenant in the case that they are being evicted for not paying rent. This is to say that the tenant has 3 days to clear the rent they owe or vacate the premises.

 If the tenants pay the rent in full, the landlord is to stop the eviction proceedings. If they pay less than the amount they owe, then you should turn it down and continue with the eviction process.

They Broke TheLlease.

If your tenant breaks or violates the lease agreement, they should be issued with a 7-day notice to either fix it or quit. The notice should state what the tenant violates An example is when a tenant keeps a pet in a rental property that clearly does not allow pets. The tenant has 7 days to remove the pet or quit.

Reach Out To Us Today

The best option for a tenant dealing with eviction is to get legal representation from our attorneys at the Brian Kowal law firm. We will ensure your rights are observed and that you are not evicted forcefully or illegally. Please visit at https://briankowallaw.com/commercial-eviction-process-in-florida/  for more information.

Comments

Post a Comment

Popular posts from this blog

Instructions and Help about how to file unlawful detainer in Florida form

Image
The eviction process is normally known as seeking an unlawful detainer. The timeframes are approximations and vary depending on the County Court where your property is situated. To get more information regarding the question: How long is the unlawful detainer process in Florida? Call the law office of Brian Kowal for a free session. The unlawful detainer form is commonly completed out by a lawyer then filed in court by a process server. Just like any other notice, the process server then needs to serve a copy to the occupant. There are three ways of serving a copy of the unlawful detainer. The tenant can be served bythe process server personally .In this case ,the tenant has five business days to answer whether or not they want to lower trial. If it is posted, a certified copy must be posted and the occupant has 15 business days to answer what's due diligence has been done to attempt to serve the copy of the unlawful detainer If posted on the door, a certified copy must be p...
Read more

Florida Eviction Process

Image
Alandlord can remove a renter for a number of reasons, but the property-owner must terminate the occupancy first. The landlord dismisses the occupancy by issuing a written notice to the tenant as required by law. If the renter does not obeythe written notice, then the property-owner can file an eviction complaint. There are specific requirements given by state lawto end a tenancy. Various types of procedures and notices are required for various situations. This article gives a summary of the rules property-owners must adhere to when removing a tenant or ending a tenancy in Florida. Notice for Termination with Cause A landlord can end a follow the Florida Eviction Process and remove a renter for a sum of various reasons, including non-payment ofrent, violating the rental contract or lease, or doing an illegal act. To dismiss the tenancy, the property-owner must first give the occupant written notice. This will be determined by the cause for the termination. ·    ...
Read more

Best Eviction Lawyers Florida

Image
In the state of Florida , there are three types of eviction notices that an individual may receive from their landlord or property manager: A Three Day Notice to Quit is used when a tenant has violated a term which makes them legally liable for eviction. A Ten Day Notice to Quit is issued if the lease agreement has been breached and does not allow either party to make any changes without breaching its terms again within 12 months, and The Thirty-Day Eviction Notice informs tenants they have 30 days until termination date on this notice . A landlord can file a claim and request an Eviction Hearing but there are more long-term solutions that exist such as consulting with an eviction lawyer. Brian Kowal may be able to postpone or delay the process by requesting for time extensions, negotiating additional concessions from the tenant in order to prevent their eviction so they have enough time to find alternative arrangements, filing legal documents on behalf of the owner against tenants...
Read more