The rental law in Florida is clear in how the relationship between landlords and tenants must progress. Landlords have the right to evict a tenant should they fail to pay the rent within a specified period, which is outlined in the leasing agreement. Failure to respond to an eviction summons or other official notices can lead to substantial monetary and legal woes for your tenant.
The Notification Process
In the case of an eviction process, landlords must follow a number of steps before the official eviction summons may be generated. It’s up to the landlord to carry out these steps.
If rent isn’t paid and the grace period has ended, you can attempt to contact the tenant to discuss the outstanding rent. Sometimes, tenants do forget, and it can be easy enough to remedy.
If you can’t get in touch with your tenant, or the tenant can’t specify a payment date, you can proceed to the next step. This involves issuing a Three Day Notice to Pay or Quit. In Florida, the court requires you to serve the notice before considering any other action. You’ll also need to provide proof that the notice was served lawfully to your tenant.
The Three Day Notice tells tenants that they have three days to pay the outstanding rent or vacate the property. The notice can be hand-delivered or posted on the door. It’s also a good idea to send a copy through certified mail. As soon as the notice is delivered, the tenant has three business days to pay.
If a tenant intends to stay on, they’re likely to pay the owed amount within three days, or at least make contact to request an extension. If this is the case, get an agreement in writing to ensure the tenant understands the eviction process and will continue paying rent.
When your tenant doesn’t respond to your notices, and the three days are up, you will need to start the eviction process. This involves going to court to file the required paperwork.
Issuing a Summons
The Florida County Civil Court in the property’s jurisdiction will issue an eviction summons. Either a process server or someone from the Sheriff’s Department will deliver the summons to your tenant. The purpose is to serve the tenant notice that if they fail to respond to the court’s notice within 5 days, they will have to go to court. When it gets to this point, the tenant’s at risk of losing their security deposit.
Writ of Possession
If your tenant ignores the court summons, they’ll be served a writ of possession. In accordance with Legal Services of North Florida, the wit is an official notice that tells the tenant they can be evicted within 24 hours. The summons further pledges a court hearing regarding the nonpayment of rent and lack of response to notices. It must be noted that you, as the landlord, have no right to force your tenant out of the property before the court hearing takes place.
Going to Court
If your tenant fails to appear in court, they could land in serious legal distress. The judge could inevitably rule in your favor, should the tenant fail to show up for their trial. Next, the tenant is likely to be ordered to leave the property immediately or pay you and the court significant fines.
Failing to respond to your notices as well as the court summons or appear in court might sway the judge to order a warrant for your tenant’s arrest, too.
As a landlord, it’s important that you know both your rights and the correct legal processes for dealing with your tenants. Make sure you have an experienced attorney on your side.
Book a consultation at Principal Law Firm to discuss your tenant’s lack of response and the way forward.
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