Evictions are here to stay! 15.6% of Florida's renting households were at risk of eviction within two months in December 2020.
Some evictions are warranted while others are excessive. As a landlord, you need to be diligent and careful with evictions so you don't remove tenants down on their luck. Thankfully, you can navigate through the eviction process with the facts.
When can you evict a tenant? How should you engage with a tenant you plan on evicting? What must you do to remove a tenant?
Answer these questions and you can handle evictions in no time. Here is your quick guide.
Have a Good Reason to Evict Your Tenant
Florida landlord/tenant laws give you several grounds you can use to evict a tenant. You can remove a tenant for failing to pay rent after several months.
You cannot remove a tenant just because they broke the law. But if they use your property to sell drugs or run a gambling ring, you can start an expedited process to remove them.
You can also remove your tenant for violating a lease provision. If they damage your rental properties and refuse to pay for the damage, you can evict them.
Keep in mind that you must follow the laws that affect you. Rental property inspection laws limit your ability to evict someone based on an inspection. If you don't give notice for an inspection in advance, you cannot use evidence from the inspection to evict someone.
Talk to Your Tenant
Even if you have a good reason to evict your tenant, you should have a discussion with them. You can come to an agreement about paying for rent or property damage.
You can offer your tenant money so they leave. The eviction process can lead to a trial, which can cost thousands of dollars. By giving your tenant $1,000, you can get them to leave early while saving yourself money.
Give Your Tenant a Notice
If your discussion doesn't work, you should continue with the process. You can give your tenant a formal notice giving them the reasons for the eviction and a final opportunity to correct the issue.
If you want your tenant out immediately, you can give them an unconditional quit notice. You can only give this notice if the tenant violated the law and must leave right away.
Prepare for Your Court Hearing
Your tenant has the option of contesting the eviction in court. You and your tenant can have lawyers with you, and it's a good idea to hire someone.
Your lawyer can use your lease agreement, payment records, and other pieces of evidence to vouch for your side. You can present photographs and witness testimonies showing that your tenant breached their lease.
If your judge rules in your favor, your tenant must leave. If they rule for the tenant, you can file an appeal with a lawyer's help.
Handle Your Evictions
Evictions are trickier than they seem. You must follow all Florida eviction laws and provide a good reason to remove your tenant. Have a discussion with them about your dispute and try to find a compromise.
Give them a written notice as soon as you can. If they protest it, you should go to court to defend yourself. Keep important documents on hand so you can convince a judge that your tenant needs to go.
Get help whenever you need to remove tenants. HomeRiver Group Orlando helps Orlando landlords manage their properties. Contact us today.
