While you may cater to wealthier renter clientele in Florida, it doesn't mean they'll always live within your agreement guidelines. When this happens, it might initially take you by surprise. If you're not up on the Florida eviction notice or the latest eviction laws in Florida, it could also put you in a quandary about how to handle a problem tenant. Evicting a tenant in Florida needs careful application of the laws. Here's how to go about it so you don't make mistakes.
One of the most common first moves in evictions is the three-day notice. Most states allow a notice to take action if tenants don't pay rent or stop a violation within three days. While the time-frame varies per state, Florida adheres to the three-day process.
This means when you send a notice, tenants have to pay rent within three days, or move out. The three days only begin at the moment you deliver the document to their door. These notices aren't legally viable until adding a few details.
What Do You Have to Add to Your Notice?
You'll have to include one key paragraph to clarify the notice's validity. You can include this anywhere in the document, but you can't use your own wording:
"You are hereby notified that you are indebted to me in the sum of ___ dollars for the rent and use of the premises (address of leased premises, including county), Florida, now occupied by you and that I demand payment of the rent or possession of the premises within 3 days (excluding Saturday, Sunday, and legal holidays) from the date of delivery of this notice, to wit: on or before the __ day of ___ , (year)."
At the end, you need to add your name, address, and phone number. In some states, you may have to use your own writing, and that can lead to legal confusion. The above paragraph lets you bring more clarity to what the notice means.
To discover more on how to word these notices, read Florida's statutes on rental agreements.
Seven-Day and 15-Day Notices
You can send a Notice of Noncompliance, Seven-Day Notice to Cure if the problem is over a rental agreement violation. If they fix the problem within seven days, they can't do it again within a year or you'll terminate the rental contract. Fifteen-day notices are also possible if you want to evict someone after using a month-by-month agreement.
Filing a Summons and Complaint
When tenants take no action above, you'll have no choice but to file a summons and complaints in district court. In Florida, the tenant has five days to respond to an eviction summons. They'll attend a hearing afterward so the judge can hear from you and them. Should the tenant not attend, the judge automatically allows a Final Judgment for Removal of Tenant. Writ of Possession is the last order, giving the tenant 24 hours before being removed by a sheriff.
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