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Here’s how to evict a tenant in Florida.
Please understand that when you have to evict a tenant anywhere can come with a lot of hard work on your part as the landlord.
There is also a lot of bad information out there on the internet so we are partnering on this blog post with our friends at Evictions Plus, an independent, non-attorney service dedicated to assisting landlords with evictions, and providing eviction related services, to make sure you have reliable information from a one-stop eviction service based in South Tampa.
Evicting a tenant can add stress to a landlord’s life and will require you to understand Florida Law concerning evictions and tenants rights. Those that are new to rental property often have a tendency of forming a tenant friendship. When it comes time to learn how to kick a tenant out, it becomes a very stressful situation…especially if the tenants are relatives. Yikes!
Having to deal with evicting a tenant can often be avoided. This can be done through the proper pre-screening and choosing of tenants, to begin with.
However, no matter how careful someone may be, circumstances can change. There can be a variety of reasons of why you may have to learn how to evict tenants.
What has to be realized is that your rental property is a business to you and you will have to conduct it as such. This means that you will have to know how to evict tenants when and if the situation arises.
Often a landlord has to go through the eviction process because the tenant is not paying their rent.
Evicting a tenant not paying rent is not something that you should wait to learn about. If you do find yourself in that situation, you might consider selling the rental property with tenants still in place.
However, that is not your only option as a landlord. According to Evictions Plus and Florida Law, “To file an eviction in the state of Florida, you must have served a Three Day Notice first.”
If you need to have a copy of the proper form, you can download the Statutory notices for use within the State of Florida that are available for free from the Evictions Plus website.
By working with a company with over 25 years handling evictions, you have the opportunity to get it right the first time. Evictions plus provides these notices to help landlords “save money and inconvenience if you have to follow up with an eviction.”
As a landlord, you really want to learn what the rules are that pertain to the Chapter 83 of the Florida Statutes. Part II of the Statute pertains to Residential Tenancies. While it is best to understand the law before first drawing up the lease agreement, it is absolutely critical to understand the law if you may need to proceed with an eviction.
Evictions Plus has a number of great resources on their website to help you avoid common mistakes that can get your eviction case dismissed.
All of us want to make sure you don’t make these mistakes, so we want to share them with you to make sure your Three Day Notice is in compliance with Florida Law.
Please make sure of the following before proceeding…
1.) You did NOT include any money other than rent in the amount owed.
2.) You used complete addresses on the notice (including your address and the tenant’s address.) This includes street name, zip code and apartment number if there is one.
3.) You listed the correct county the property is located in.
4.) You provided your tenants three days to pay rent (not including the date of delivery or weekends or legal holidays.
5.) If you used an out of county address for your address, you gave an extra five days to pay rent (on top of the original three days) giving your tenant eight days to pay in the notice.
6.) If you used a P.O. Box for your address, you gave an extra five days to pay rent (on top of the original three days) giving your tenant eight days to pay in the notice.
7.) You completed the “Certificate of Service” at the bottom of the notice or if your notice doesn’t have one, filled out when and how the notice was served.
8.) Your notice is no more than 30 days old.
9.) Your notice is currently expired or expires within 24 hours. (We legally cannot file a case until the three days have expired.)
When it comes to evictions, it’s best not to do it on your own. It can become so frustrating that landlords start removing items from the tenant’s home. Or change the locks. Or they may shut off the critical essentials like the electric, gas, and water. These may be all measures that would possibly get your tenant to vacate…but can be illegal.
You need to go through the proper legal recourse that is in place for you to evict your tenant. Evictions Plus offers very competitive rates to make sure the process is handled in a professional and legal way.
When it comes time to go to court you want to show the courts that you have abided by Florida Law. You should not have been vindictive in any way. This could cause the judge to show more leniency towards the tenants and dismiss your case.
Beyond a failure to pay rent, a tenant may have violated the lease agreement or caused damage to your property. We have helped a number of landlords with properties that have had appliances removed, or been heavily damaged in other ways by tenants.
In other cases, a tenant can fail to maintain the property and cause fines and liens to pile up due to code enforcement violations with the City of Tampa.
In cases of extensive damage from vacating tenants, it can often make sense to sell your property to a South Tampa Builder. With South Tampa Teardowns, you don’t have to worry about dealing with repairs, and you can still get a fair offer based on the current market value of the land.
If you were to list, or sell with another brokerage, you could pay as much as 9% for commissions, closing costs and other expenses related to the sale. When you get a NET offer direct from one of our builders… you won’t have to pay for things like commissions, doc stamps, title insurance, transaction fees, experience fees or any other number of expenses that are often associated with selling a property in South Tampa.
We hope you know a little more about your options with a problem tenant. It can be very difficult to know what to do when a renter is refusing to pay rent and/or damaging your property.
By working with professionals to handle your eviction, like our friends at Evictions Plus you can avoid a lot of stress and hassle and potentially keep your rental property.
You can also quickly begin the process of selling a damaged rental property, with or without tenants, to a South Tampa Builder by giving us a call at 813-784-4199.
My name is Robert Wilson, I’m the Director of Dirt at EXIT Bayshore Realty. I’ll gladly talk with you about your situation and make you an offer to buy it at no charge… I’m also happy to introduce you to Jeff and his team at Evictions Plus, if you would like to remove your tenants before you decide to keep or sell your property in South Tampa, you can reach him at (813) 839-3343 or visit their website at EvictionsPlus.com.
In either scenario, we want to help you with your rental property investment in South Tampa. Please keep in mind that EXIT Bayshore Realty and Evictions Plus are not attorneys, and can not give you legal advice. However, we can help you with many problems with problem tenants in South Tampa.