Question 1

What reasons do I need to file an eviction?

Accepted Answer

You can file an eviction if a tenant refuses to vacate the premises after the service of a proper notice to the tenant.  Whether or not a notice is “proper” is determined by law and by the lease.  Different types of notices are required depending on the reason for the termination.  For example, a notice that terminates due to the nonpayment of rent is a different notice than a notice based on criminal activity.

Question 2

How do I begin the eviction process ?

Accepted Answer

We suggest you get familiar with the process by selecting the county the property in questions is located in. After reviewing the details to get started is easy, simply chose the “Start Eviction” tab and fill out the form. Someone will contact you shortly after.

Question 3

What if I already started the process can you still help me?

Accepted Answer

Whether you would like to start a new case or you are seeking help with a current case, we can assist you.

Question 4

The notice time is up and the tenant didn't leave?

Accepted Answer

Once your notice has wit and the tenant has not vacated the property. You are now ready for step 2: The Summons.

Question 5

I'm on the Summons Step, how long do I wait to go to the last step of the eviction?

Accepted Answer

When a Summons is requested from the courthouse on your behalf. The Summons is then submitted to a private Process Server. The Process server will make several attempts to make contact with your tenant. In the event that contact was unsuccessful or successful, a report will be drafted and submitted on your behalf to the court. From the last attempt of the P. Server you must wait 1 week before moving on to the next step.

Question 6

I submitted the Default, how long more?

Accepted Answer

In most cases this is the last step to getting your property back. You are almost there! A judge typically takes 1-2 weeks to make a Final Judgement.

Question 7

I received a Final Judgement in my favor, what is next?

Accepted Answer

Congrats! As our client we will assist you with the next step to ensure the Sheriff Department is ready to enforce the judgement. Depending on the county, there are other steps needed to be completed. As our client we complete these additional steps automatically on your behalf.

Question 8

When will the Sheriff provide possession of the property?

Accepted Answer

The Sheriff Department typically enforces a Writ within 1-2 weeks AFTER its been issued.

Question 9

The Sheriff called me, whats next?

Accepted Answer

The Sheriff Department will contact you will a day & time that they will come to enforce the writ and give you possession of the property. Please be sure to be there 30 mins before the time they schedule it for. Also be ready to change the locks with a locksmith and remove any belongings that may not have been removed.

Question 10

Can I evict a tenant who has children?

Accepted Answer

You can evict any tenant who fails to comply with the lease.

Question 11

What is a Three Day Notice?

Accepted Answer

A three day notice is the most common type of notice. It is used only in situations where the tenant has failed to pay rent. The notice tells the tenant to either pay the rent within three days or vacate the premises within three days.

The language on the three day notice must be very precise. Not all forms that one finds on the internet are valid under Florida law!

Question 12

What amounts can I put on the Three Day Notice?

Accepted Answer

The three day notice can demand only the rent that is due as of the date the notice is served. It cannot include amounts that are not rent. It cannot demand rent that will become due tomorrow or due any time in the future.

Question 13

Suppose the tenant tries to pay me?

Accepted Answer

The tenant has the absolute right to pay you the full amount of rent due within the time frame of the three day notice. You must accept the rent if it is offered to you within the three day time period. If the three day time period has expired, you can refuse the rent.

Question 14

Suppose the tenant only has partial rent?

Accepted Answer

You do not have to accept partial payment after you have served a three day notice. However, you do have to accept rent if the amount tendered is the full amount that was demanded on the notice.

Question 15

Can I collect late fees?

Accepted Answer

You can collect late fees only if the lease says you can. If there is no written lease, then you cannot collect late fees.

Question 16

How long does an eviction take?

Accepted Answer

very case is unique, however, most cases receive a Final Judgement within 4-6 weeks after the commencement of a new case. Then you must wait 1-2 weeks for the Sheriff Department to enforce it.

Question 17

Can I hold off on a repair if I do not receive rent?

Accepted Answer

No. The obligation to repair and maintain property is totally independent of the tenant's obligation to pay rent. If the tenant has not paid rent, then the remedy is to serve a three day notice.

Question 18

Can the tenant fight the eviction?

Accepted Answer

The tenant has the opportunity to file an answer to the eviction complaint. In that answer, the tenant can list the reasons why the eviction should not occur. These "defenses" are then heard by the judge. However, the tenant is only entitled to have the judge consider the defenses if the tenant has deposited the rent that is owed into the court registry.

Question 19

Suppose the tenant retains an attorney?

Accepted Answer

Just as the landlord is entitled to hire an attorney, so too is the tenant. If the landlord is representing himself in the eviction, and the tenant retains an attorney, then the landlord should seek the help of an attorney so that there would be an "even playing field" in court.

Question 20

Do eviction cases go to court?

Accepted Answer

All lawsuits are filed with the "Clerk of Court". All judgments are signed by a judge. However, not all cases go through a hearing or trial. In fact, most evictions do not require a hearing or trial. If the tenant fails to file an answer or fails to deposit the rent that is owed, a "default" will be entered and, following that, a "default judgment". For those cases where a default is entered, there is usually no hearing or trial.

Question 21

What happens if the tenant pays the rent to the court?

Accepted Answer

If the tenant deposits the rent that is owed into the Court Registry, then a "final hearing of eviction" or an "eviction trial" will be scheduled. At that final hearing, the judge will decide if the landlord is entitled to get back possession of the rental premises. The landlord must be prepared to prove his case at the final hearing with witnesses and exhibits. The tenant will have the chance at the final hearing to present proof why he should not be evicted.

Question 22

Can the tenant file bankruptcy and stop the eviction?

Accepted Answer

The tenant can file a bankruptcy case at the bankruptcy court. Once the bankruptcy case is filed, all collection efforts must stop. That means that the eviction must stop until the bankruptcy judge gives permission for it to proceed. Getting that type of permission is not difficult but generally requires the assistance of an attorney who is admitted to practice in that court.

Question 23

Can I file an eviction if I have no lease?

Accepted Answer

Yes. However, you will need to show what the oral agreement was about the tenancy. How much is the rent and how often was it to be paid? On what day was rent due? Those facts have to be alleged in the eviction complaint and then proven to a judge.

Question 24

How do I non renew a tenant?

Accepted Answer

A notice of nonrenewal can be served to the tenant and will be valid if it gives the tenant a sufficient number of days "warning" that the lease will not renew and if it tells the tenant to vacate on the last day of a rental period.

How many days must the notice give? Look first at your lease. It may tell you how much notice must be given for a nonrenewal. If your lease does not contain such language, or if there is no lease, then the following rules apply:
-- If the rent is paid on a monthly basis, then give not less than 15 days' notice prior to the end of any monthly period -- If the rent is paid on a weekly basis, then give not less than 7 days' notice prior to the end of any weekly period.

Question 25

Do I need a reason to non renew a tenant?

Accepted Answer

No. You can nonrenew a tenant for any reason, as long as it is not retaliatory or discriminatory.

This answer may be different if the rental property receives the benefit of a rental assistance program or other government benefit. Consult with an attorney if you are not sure.

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