How to Evict a Tenant in Florida
Determine whether eviction grounds exist., Make sure that you have not violated any of the lease terms., Send the tenant a warning letter.
Step-by-Step Guide
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Step 1: Determine whether eviction grounds exist.
You can evict a tenant if the proper grounds for eviction exist.
The most common ground for eviction is typically the nonpayment of rent due.
Other grounds for eviction relate to any violation of the lease agreement, as well as violations of local, state or federal laws by the tenant while on the premises of the leased property.
Some of the most common lease agreement violations include:
Having additional occupants who are not named in the rental agreement living at the leased premises.
Having pets when there is a no-pets policy.
Selling drugs on the lease premises, as well as any other tenant action that creates an uninhabitable living environment for others.
If you live in a private home with no written lease agreement stating grounds for eviction, you can be evicted for any reason at all so long as it is not discrimination based on sex, race, creed, color, national origin, age, handicap, marital status, HIV status, or children.If you live in public housing, for example Section 8 housing, the grounds for eviction are extremely narrow. -
Step 2: Make sure that you have not violated any of the lease terms.
Once your eviction case is before the court, the tenant will have the opportunity to present evidence and testimony.
Your eviction case could fail if the tenant proves that you as the landlord have also violated the lease agreement, and/or the tenant’s acts underlying the eviction were conducted in order to mitigate your lease violations.
Make sure that the court has no reason to reject your eviction case, and ensure that you:
Review the lease agreement in order to determine and understand what is required of you under the lease.
Conduct all feasible and necessary repairs in order to maintain a habitable living space.
Comply with all relevant building, safety, health and housing codes.
Maintain common areas in a safe and sanitary manner.
Follow the applicable Florida state and local eviction procedures. , Before officially starting the eviction process, you should first attempt to handle the issue without the use of the court system.
There is no reason to waste the time and energy associated with filing an eviction complaint if the issue underlying the eviction is just a misunderstanding that could be solved with an open and honest conversation.
Write the tenant a letter reminding him or her of the lease conditions, and that you have the right to file an eviction complaint if the relevant lease violations are not remedied.Send the letter certified mail in order to have documentation that you attempted to handle the eviction issue.
This documentation can later be submitted as evidence in support of your eviction complaint. -
Step 3: Send the tenant a warning letter.
Detailed Guide
You can evict a tenant if the proper grounds for eviction exist.
The most common ground for eviction is typically the nonpayment of rent due.
Other grounds for eviction relate to any violation of the lease agreement, as well as violations of local, state or federal laws by the tenant while on the premises of the leased property.
Some of the most common lease agreement violations include:
Having additional occupants who are not named in the rental agreement living at the leased premises.
Having pets when there is a no-pets policy.
Selling drugs on the lease premises, as well as any other tenant action that creates an uninhabitable living environment for others.
If you live in a private home with no written lease agreement stating grounds for eviction, you can be evicted for any reason at all so long as it is not discrimination based on sex, race, creed, color, national origin, age, handicap, marital status, HIV status, or children.If you live in public housing, for example Section 8 housing, the grounds for eviction are extremely narrow.
Once your eviction case is before the court, the tenant will have the opportunity to present evidence and testimony.
Your eviction case could fail if the tenant proves that you as the landlord have also violated the lease agreement, and/or the tenant’s acts underlying the eviction were conducted in order to mitigate your lease violations.
Make sure that the court has no reason to reject your eviction case, and ensure that you:
Review the lease agreement in order to determine and understand what is required of you under the lease.
Conduct all feasible and necessary repairs in order to maintain a habitable living space.
Comply with all relevant building, safety, health and housing codes.
Maintain common areas in a safe and sanitary manner.
Follow the applicable Florida state and local eviction procedures. , Before officially starting the eviction process, you should first attempt to handle the issue without the use of the court system.
There is no reason to waste the time and energy associated with filing an eviction complaint if the issue underlying the eviction is just a misunderstanding that could be solved with an open and honest conversation.
Write the tenant a letter reminding him or her of the lease conditions, and that you have the right to file an eviction complaint if the relevant lease violations are not remedied.Send the letter certified mail in order to have documentation that you attempted to handle the eviction issue.
This documentation can later be submitted as evidence in support of your eviction complaint.
About the Author
Jennifer Hill
Dedicated to helping readers learn new skills in DIY projects and beyond.
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