Owning rental property and having a tenant who isn’t paying rent can be a frustrating and stressful experience. For many landlords, they purchased the rental property as a form of investment or to generate additional monthly income. A tenant not paying rent frustrates this goal. While taking matters into their own hands can be tempting, this can create even more legal issues. These four legal landlord steps can help landlords exercise their rights and protect their real estate investment while holding their tenants accountable.
1. Give Written Notice
If communicating with the tenant doesn’t resolve the issue, the next legal step for the landlord to take is sending a written notice. Florida landlord/tenant statutes require landlords to deliver official written notice to the tenant before taking any other legal landlord steps. The notice must clearly state the amount of rent owed, the time the tenant has to fix the issue, and that they will face eviction if they fail to make payment. A landlord can mail, hand deliver, or leave the notice at the residence. However, the landlord will need to be able to prove that the tenant received the notice. Opting for certified mail, bringing a witness for hand delivery, or taking a picture of the residence can all create evidentiary documentation should the landlord go to an eviction court hearing later.
2. File an Eviction Complaint
Once the tenant’s response time has passed, the landlord can move to the next legal remedy, filing an eviction complaint. The complaint should be made with the court in the county where the property is located. To file the complaint, the landlord must include certain information: the landlord’s information, the location of the property, the tenant’s violation, and a specific request for eviction of the tenant. In this situation, the tenant’s violation is the nonpayment of rent. The landlord should include a copy of the lease that the two parties signed at the beginning of the lease term. It is also important to include a copy of the written notice the landlord sent and proof of delivery. Once filed, the tenant must be served a summons to notify them of the court filing. A landlord can hire a private company or pay the county sheriff’s office to deliver the summons. The landlord cannot do this task themselves.
3. Attend the Hearing
After receiving the summons, the tenant will have five days to respond to the eviction complaint. Upon filing their response, the court will assign a judge and issue a hearing date. The landlord must attend this hearing in person to present their testimony and supporting evidence. The tenant is expected to do the same. The judge will make a ruling based on the testimony and evidence presented in accordance with the applicable laws. If the landlord is successful, the judge will rule in their favor and issue a Writ of Possession. This document is required for the landlord to legally take the next steps in eviction.
If The Tenant Does Not Attend the Hearing
Sometimes, the tenant may not respond to the summons or attend the eviction hearing. In this situation, the landlord can file for a default judgment where the landlord requests the court to rule in their favor. A hearing is set, and the landlord presents their case. If everything is in order, the judge will issue the ruling.
4. Execute the Writ of Possession
Once a landlord has a court-issued Writ of Possession, they can work with the county sheriff’s office to arrange execution. Landlords cannot execute the Writ of Possession on their own. The county sheriff will personally deliver the Writ to the tenant, giving the tenant 24 hours to leave the premises. After the 24 hours have passed, the sheriff will return and physically remove the tenant from the property if they have not already left. The sheriff will remain present at the property while the landlord secures the property with new locks. The sheriff will also stay if the landlord needs to remove the tenant’s personal property from the property before securing it.
How an Eviction Attorney Can Help
Owning rental property can be an emotionally stressful experience when a tenant fails to make their rental payments. Working with a real estate attorney can provide stability, security, and legal knowledge. A lawyer will ensure the landlord follows the law, limiting the potential for creating legal liability. They can also represent the landlord in court hearings, making this process smoother. The attorney will also prepare legal documents, reducing the risk of the eviction complaint being denied or thrown out.
Follow These Legal Landlord Steps
When a tenant stops paying rent, a landlord should communicate the lease violation in writing to the tenant. If the tenant fails to pay the owed rent, the tenant can file a complaint with the court clerk’s office and go through the eviction process. Upon receipt of the Writ of Possession, the landlord can work with the local sheriff’s office to execute it. Speaking with a real estate lawyer can help property owners understand the required legal landlord steps.
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