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There is one thing worse than struggling to find a tenant for your property: finding a bad tenant. A bad tenant can leave you with lots of unpaid rent, damage your property, or both.
But you do have options for handling difficult tenants. Read on to learn how evictions work in Florida. Here is our step-by-step eviction guide that every landlord should read.
Tenant Eviction Laws in Florida
If you haven't experienced an eviction process before, you should first know that it's governed by state law.
You'll always need to stay updated on the latest legal rules for Florida. For example, the law currently states that you can only evict a tenant for specific reasons, which includes:
- Non-payment of rent
- A violation of something in the lease
- Damage to your property
The law also has some rules about the eviction process itself. For example, you must launch eviction proceedings with formal written notice, not verbal warnings.
The Eviction Process: Step-by-Step
You must follow the correct steps to evict someone from your property. Here's what that looks like at a glance:
- You issue a written notice to your tenant explaining the violation
- Provide your tenant with a timescale to remedy the violation
- Proceed to file an eviction with the courts if the violation isn't remedied
- Submit evidence to the courts ahead of the hearing
- Attend a scheduled hearing before a judge
- The judge will rule in your favor or your tenants
- If the judge rules in favor of the landlord, they can instruct law enforcement to remove your tenant
There are a couple of essential points. Firstly, depending on the violation, there are specific rules about the timescale you give your tenant to remedy an issue.
That's three days if they owe rent and seven days for property damage or lease violations. Secondly, your tenant has a legal right to defend themselves if the case goes to court.
Tips for the Eviction Hearing
It can be nerve-wracking taking your case to court. Here are a few tips to help you succeed:
- Be organized and take your paperwork, including lease agreements, with you to court
- Prepare evidence such as photographs of property damage
- Familiarize yourself with the law
It's also worth having a legal expert on hand. That's why many landlords use property management teams to oversee these situations.
Post-Evictions: What's Next?
After an eviction, the hard part is over. But your tasks are not. Here are some essential steps to take post-eviction:
- Inspect your property to document any damage to claim against the tenant's security deposit
- Return any abandoned items to your tenant
- Address any repairs before re-marketing the property
It's also important to consider how to avoid a repeat incident. The best step is to implement more robust tenant screenings.
Evictions: Being Prepared
Evictions always fill landlords with dread, and if you are lucky, you won't have to start the process for one. But it pays to be prepared. Keep this guide handy.
All American Realty and Investment Group is a veteran-run, trusted team in Fort Walton Beach, FL, with the experience to handle all your property needs - including evictions. Read about our services here.
