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4 Things to Know about the Legal Eviction Process in Florida

legal eviction

As a manager or owner of a high-end rental property, you know how critical it is to maintain good relationships with your tenants. But what about when your tenants become more trouble than they’re worth? When this happens, you need to start considering your legal eviction options.

The truth is they expect a certain level of service and responsiveness for any problems they might have. You have a reasonable expectation that your tenant will pay on time and that they will honor their leases. You know you’ll hold up your end of the bargain. That’s just how you conduct business. You can’t always be certain that they will do the same.

Here’s what you need to know about the eviction process in Florida:

There Are Three Types of Legal Eviction Notices

If you ever need to evict one of your tenants, it’s helpful to know how to serve them notice. In Florida, a landlord can serve a tenant notice of legal eviction in three ways. Each depends on the circumstances of the eviction:

  • Pay or Quit Notice: Landlords should use this type of notice when their tenant fails to pay rent. The required notice period is three days starting the day after serving the notice, excluding weekends and holidays. If the tenant does not pay within that period, landlords can carry out the eviction.
  • Cure or Quit Notice: When a tenant violates their lease or damages property, landlords can seek a remedy. The law requires the landlord to give the tenant 7 days’ notice, starting the day after serving notice and excluding weekends and holidays, to remedy the lease violation or fix any damage they have caused.
  • Unconditional Quit Notice: This type of eviction notice is usually only applicable to month-by-month lease agreements. Landlords must give tenants 15 days to vacate, and they must serve notice 15 days before rent is due.

Knowing which type of notice you need for your situation can help expedite the process.

You Might Want to Give Your Tenant another Chance

If you have a problem with one of your tenants, you really only have two choices—move to evict them or give them another chance. In most cases, the decision will be an easy one to make. But if you have trouble finding an answer, consider whether you have a good or bad history with the tenant. Working something out is always easier than taking legal action.

If You Choose to Evict, Never DIY

When eviction is your only option, you need to make sure you do it right. You’ve probably found plenty of websites offering guidance and forms that allow you to do a DIY eviction. I cannot emphasize this point enough—never, ever, ever try to evict a tenant on your own. Saving money by not hiring a lawyer to begin with might seem like a good idea, but when you get into legal trouble and end up getting sued by your tenant, you’ll wish you had hired a legal expert.

Be Prepared to Go to Court

In cases of tenants living in high-end apartments, it’s more than likely that they will have the resources to fight an eviction. When you serve an eviction notice, do so only if you are prepared to present your case to the court.

Need help keeping your legal eviction within the law? Call us today: 305-760-4425. Se Habla Español.

Author: HLFblog

Marcia Giordano Hansen has been practicing law for almost 20 years. During this time, she has worked for the government at the Miami Dade Public Defender’s office representing indigent clients accused for state criminal offense; for an insurance defense firm wherein she represented doctors sued for medical malpractice and entities sued for negligence; and for a private white collar criminal defense firm practicing white collar crime defending individuals accused of social security fraud, Medicare fraud, drug trafficking and other federal crimes.

Her wide range of knowledge in these different areas of law, coupled with the teachings of some of the most well-respected legal minds in the country gives her a unique skill set which has benefited all of her clients resulting in victory and success in each case she has handled.