A landlord can evict a tenant for many reasons, the most common being failure to pay rent when due.. A landlord can terminate a renter’s tenancy for not paying rent or violating the lease in any other manner. If the tenant does not comply with the written notice of a threatened eviction, a landlord can file an eviction lawsuit.
It is important for any landlord to seek advice from an attorney before sending any notice or taking any other action that could lead to evicting a tenant. Depending on the terms of the lease and whether a lease is for a residential or commercial tenancy, any one of various notices may be required. The three-day notice for failure to pay rent is the most common for residential tenancies..
- Three-Day Notice to Pay Rent: If the tenant fails to pay rent, the landlord can give the tenant a three-day notice to pay rent. The notice must state that the tenant must pay the rent in three days or move out of the unit, or the landlord will terminate the tenancy. If the tenant does not pay or move out, the landlord can file an eviction lawsuit at the end of three business days.
Defenses Tenants Have When Facing an Eviction
If a tenant is facing eviction, they have the right to fight the eviction, which usually increases the time that the eviction lawsuit takes. Some tenant defenses may claim that the landlord did not properly serve a notice, or waited too long before filing an eviction lawsuit, or discriminated against the tenant.
A landlord must never force a tenant to move out, which power rests solely with the courts. A tenant can be removed after the landlord has successfully won an eviction lawsuit. Under Florida law, it is illegal for a landlord to remove a tenant from a rental unit personally. Once the landlord wins the lawsuit, only a sheriff is authorized to remove a tenant.
If a tenant leaves their personal property at the rental unit after moving, the landlord must notify the tenant in writing. A tenant is allowed ten days to claim their property if the notice was personally delivered and 15 days if they mailed the notice. After this time, the landlord can sell or dispose of any unclaimed property.
Contact a Real Estate Attorney
When evicting a tenant, landlords must follow all rules required by Florida law or the eviction could be invalid These rules help ensure an eviction is justified and the tenant can find alternative living arrangements. If you are evicting a tenant or are a tenant who feels they are being evicted unfairly, please contact a real estate attorney, such as Michele M. Lewis, Esq., at (561) 408-0729 or Richard S. Weinstein, Esq., at (561) 745-3040.
Title Services, Jupiter
Florida National Title Services
Florida National Title is available to help with many of your real estate needs. Florida National Title Services works under the supervision of attorneys Michele Lewis and Richard S. Weinstein experienced real estate attorneys. They work to ensure the title of the home you desire is clear and marketable and that title insurance policies are properly issued.
Florida National Title Services provides expert title services. When you are renting, we can help with every step of the way. Florida National Title has years of experience guiding Florida homebuyers through the real estate purchase and refinance experience and have helped them solve the problems that come up in the process. We will decipher the “legalese” and explain what we need and why we need it each step of the way. The blogs to follow will address specific issues to guide buyers to understand the process better and to help them avoid many of the pitfalls. Call us at (561) 408-0729 or visit our website.
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