Having to evict tenants is never ideal, but it's estimated that millions of renters in the US are evicted every year.
It's not a great situation to be in, but there may come a time when you need to evict tenants from your rental property. This is a process that has various legal elements, so it's important to handle things correctly. It's a good idea to work with a property manager as they can guide you through evictions effectively.
Let's take a look at the eviction process in Orlando, FL, so you can get an idea of what to expect.
Grounds for Eviction
The first thing to determine is whether you can fairly evict a tenant. There are several situations in which you'll have grounds for eviction.
Non-Payment of Rent
You may be able to evict a tenant if they fail to pay rent - especially if this happens consistently. Note that you need to provide them a three-day notice to pay or vacate the property before you can file for eviction.
Lease Violations
If you have bad tenants they might cause property damage, participate in illegal activities, or sublet your property without permission. With such lease violations, you can issue a notice to cure or vacate. If they fail to do so, you can proceed with eviction.
Holdover Tenants
A holdover tenant is one who stays in a property after the lease expires. This is another scenario in which you can file for eviction.
The Eviction Process
Each case can be different depending on certain circumstances. However, a legal eviction will typically follow a set process that a property manager can guide you through.
Notice
You need to start by giving the tenant suitable notice. This will state the reason for the eviction and a timeframe for compliance.
Filing for Eviction
Ideally, the tenant will comply with the notice and you won't have to take things further. If they don't, you can file an eviction lawsuit with the county court.
Court Hearing
The court will schedule a hearing during which both parties can present their case. If the eviction is justified, the judge will likely rule in your favor. They'll then issue a writ of position which will allow the sheriff to remove the tenant from your property.
Tenant Removal
Finally, the sheriff will serve the tenant the writ of possession. It will give them a specific timeframe to vacate the premises. If they don't leave within this timeframe, the sheriff will have them physically removed.
Legal Considerations
As a landlord, you have the right to evict tenants, but only in line with Florida Law. If you fail to do this, you could experience legal complications, delays, and potential liability.
You also need to be sure not to take any retaliatory actions like changing the locks or shutting off utilities. Such actions are illegal and you could face serious consequences.
Assistance With Evictions
Evictions can be difficult to navigate due to the strict legal aspects. Working with an experienced property manager can make things significantly easier.
SunnySide Properties is a full-service property management company based in Orlando, FL. We've been helping clients for 25 years and have over 120 five-star reviews from happy homeowners. Take a look at our services page to find out more about how we can help you.
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