When it comes to renters, Florida has one of the highest populations in the country. Of the 19 million people living here, more than 2 million are renters. While the state boasts one of the largest populations of tenants, the landlord-tenant law in Florida is somewhat vague for landlords trying to get their rent.
Knowing the best course of action to take when your tenants are overdue can be daunting. Fortunately, there are a number of best practices you can use to get your tenant to pay back rent.
Florida Rental Due Dates
As a rule of thumb, rent is due on the first day of the month, including holidays and weekends. That is unless a different date is laid out in your rental agreement with your tenant.
There are those landlords that agree in their rental agreement or lease that rent can be paid on the next business day should the first of the month fall on a holiday or the weekend.
Get Your Tenant to Pay Rent
So, what happens if your tenant is late with the rent? Here are 4 ways to get them to pay.
1. Send Your Tenant a Pay or Quit Notice
When a tenant fails to pay rent, you are legally obliged to send them a “Notice to pay or quit.” This takes the form of a formal letter informing your tenant that rent is due. It should state how many days they have to settle in full, or you will terminate the lease and they will have to move out.
In Florida, the notice period ranges from 3 to 5 days. If your tenant fails to pay in that time, and they don’t move, you can formally terminate the agreement and they must vacate the property. If they still refuse to move, you have to file an action with the eviction court to have them removed.
The 3 or 5 days starts on the date your notice is delivered to the tenant, excluding weekends and legal holidays. For example, if the rent is due on a Thursday and you give the tenant 3 days’ notice on Friday, the tenant has until the next Wednesday to pay the rent or move out.
2. Charge a Late Fee
Charging your tenant a fee for their late payments might just motivate them to pay the rent on time. Just make sure you clearly state the late fees and accompanying terms and conditions in your rental agreement or lease.
3. Seek Help from An Experienced Lawyer
If dealing with late-paying or defaulting tenants is just not for you, or you’re not enforcing timely payments every month, you should consider hiring an experienced property lawyer. The tenant who tries to get away with not paying for a month or two isn’t likely to try that once you have a lawyer backing you.
A lawyer, or even a property management company, acts as a neutral third-party to help you handle unpleasant rental situations while keeping in line with the law.
4. Make Sure Everything’s in Writing
Both landlords and tenants have the ability to create rental agreements that work for them. In Florida, there aren’t a lot of requirements when it comes to rental agreements. Even oral agreements are legal and enforceable in our state. However, if the rental agreement is for more than a year, it has to be in writing.
While oral agreements are recognized by the law, all communication between you and your tenants must be in writing. For instance, if your tenant needs you to make repairs, he or she must make a written request. It also means that you must communicate with your tenants in writing, especially when you’re trying to get them to pack back rent.
Written agreements and paper trails are just easier to prove your agreements. If a rental dispute goes to court, you need to be able to show what you agreed upon with your tenant in terms of rental payments and due dates.
If you’re struggling to get your tenant to pay rent, make sure you have a knowledgeable lawyer on your side.
Book a consultation at Principal Law Firm today to discuss the way forward.
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