It’s something few landlords actually want to do — evict their tenant. However, in some cases eviction is necessary when a tenant violates their lease agreement or refuses to pay rent in a timely manner. Here are some steps to take if evicting your tenant is the best move for your real estate business.
Do You Have Grounds for Eviction?
The first step is to determine if you have a right to evict your tenant. More often than not, tenants are evicted for nonpayment of rent on time, or for violating the lease. Examples of lease violations include destroying the property, having pets if you have instilled a no-pet policy, or manufacturing or selling drugs on the premises. It’s always a good idea to check with an attorney beforehand to ensure that you have solid legal ground to proceed with an eviction.
Check the Lease to Ensure You’re Up to Code
As a landlord, you also have a few things within the lease agreement that you must adhere to. Make sure that you’re up to code on everything before you hand out the eviction notice. If any repairs need to be made to make the property safe and inhabitable according to Florida law, they need to be done prior to eviction.
Warn Your Tenant
It’s in your best interest to send a warning letter to your tenant. This letter should detail their lease violation and your intent to evict if they do not remedy the violation immediately. When an eviction is on the table, send any letters or communication to your tenant via certified mail. This way, you have proof that they received the communication.
File an Eviction Notice
If your tenant still has not remedied the lease agreement violations, eviction is your next step. An attorney can help you deliver an eviction notice accordingly. For example, there are different timelines for how much notice you are required to give your tenant based on what type of violation they have made. A 3-day notice is sufficient for nonpayment of rent, while some situations require a full 30-day notice.
Contact the Law Office of Steve Taylor
Evictions can be challenging, but with the help of a seasoned real estate lawyer, you can be certain that you are following the correct process for eviction and protecting yourself legally from any retaliation on the part of your tenant. Contact us today for a consultation at 305-433-0497.