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General Property Management
Eviction Proceedings
D
Diane M
started a topic
over 15 years ago
I live in the state of Florida and I have a tenant who has not paid rent since April 08 she in no longer under a lease. What the legal and proper way for me to start the eviction process. My first step was made today with the Final Notice Warning that you guys offer. How do I proceed ?
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D
Denise S
said
over 15 years ago
Diane - your next step is to send proper notice before filing in court for eviction. You will find these notices and information:
http://www.ezlandlordforms.com/documents/eviction_notices/
R
Rosary T
said
over 15 years ago
I have giving a second notice of eviction they refuse to leave after 2nd notice what is my next step
D
Denise S
said
over 15 years ago
File in your loval courthouse for their removal. Most states will hold a hearing. IF judgmenet is awarded to you, then there is usually an appeal period and then a writ of execution can be filed so that you and perhaps a sheriff may change the locks.
V
Valerie J
said
about 15 years ago
Hi, I have evicted 3 parties in FL, Seminole County. You must serve a 3 day notice of non-payment of rent, (she is still under lease, just on a month to month basis if your lease was written correctly). The you file a 5 day notice in the courthouse. The sheriff serves the 5 day notice. If they don't reply, you can ask for a judgement in default and the judge will give them a time to move out or be removed by the sheriff. If they do respond, you will be assigned a hearing date and make your case to the court. At this point, if they have responded properly, I would get an attorney. If they have responded, but not submitted the back rent (part of the requirements of the 5 day notice), I would show up to the hearing, tell the judge that they didn't submit the back rent to the court and ask him to sign a default judgement and writ of possession, which you have to bring with you all filled out and ready for his/her signature.
B
Balkys S
said
about 15 years ago
Commission an attorney, it will cost you less in the long run. It may also intimidate the tenants into leaving immediately instead of going to court. Some times a unlawful detainer with an attorneys name on the letter head is all you need. Good luck.
D
Demetrius H
said
about 15 years ago
When my tenants were past their grace period to pay their rent I served them a three day notice to pay rent or quit. Once the three days were past I completed the Unlawful Detainer docs that the county court has on line. Printed them and filed with court. Then I had a friend serve them and complete the proof of service. If no response is completed and filed by the tenants you win by default.
a
Anne K
said
about 15 years ago
these renters pay the rent fine, the problem is they are brand new and they have broke the garbage disposal threw cigerette butts on the parking lot. now they did somthing to the brand new toliet to make it run constantly and i got a notice from the water company that they have used 9700 gallons of water this month. i pay the water. can i give them notice to move even if they pay the rent on time. i just dont need the trouble every month.
D
Demetrius H
said
about 15 years ago
I know that I have served tenants a thirty day notice to move and you don't have to give them a reason why. You may want to check in your state to see if you have such a notice that can be served.
S
Steve S
said
about 15 years ago
My husband's mother and her youngest son (40 yrs. old) rent a house from us but they haven't actually paid rent for about 7 years. My husband tells them they need to pay but they don't and he says he can't just put his mother out. The brother is there only because the mother allows it and he doesn't work. She now really needs to be in a nursing home but she won't go because the son won't have a place to go. I need to evict but how? Will the judge see my side after allowing them to stay so long without rent? What do I do first?
C
Claire S
said
about 11 years ago
Hi, Your post is very confusing. First, why give so many notices? The first notice should have been sufficient and should have been followed up on when tenant failed to pay. Once you start sending several notices, tenants get the message (1) You have no clue what you're doing or (2) you are not going to put them out whether they pay or not. You have unfortunately sent the wrong message to the tenant however, at this point you need to find out what the procedure is for an actual eviction and proceed with that immediately. Remember, you cannot evict without going to court.
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