Wednesday, January 30, 2013

Understanding Legal Eviction Procedure

Are you trying to get rid of a nonpaying tenant? This circumstance may make it necessary for a landlord to file an eviction action against the tenant. How do you approach the matter? How do you ensure proper handling of the legal aspect? How do you ensure a hassle free experience? Get a real estate attorney's advice for this task.

Florida real estate laws have specific guidelines pertaining to eviction actions. Only an attorney with in-depth knowledge of these laws would be able to help you. Before you find such a practitioner and discuss the details with him/her, get answers to some of the common questions here.


How do you initiate the process? Sending a notice of eviction is the first step. Once the time expires, you file for eviction with the Sarasota Clerk of the County Court.

What does the notice say? This, i.e. the Three Day Notice, notifies the tenant to pay the rent within three days or vacate the premises within the same period.

How do you serve the notice? You can give the notice to any adult living on the premises, post it on the door, or mail it.

What amount do you try to collect? You must try to collect only the total rent due on the date you are sending the notice.

Can you include late fees? If the lease agreement has a specific mention of this, you can do so. Otherwise, you must only include the rent your tenant owes.

Do you need to accept partial rent? There is no legal binding for this. However, if you do accept it, you may have to post another notice if the tenant fails to pay the dues.

What is the acceptable mode of payment? This, again, depends on the lease agreement between the landlord and the tenant.

Do you need legal help? In most instances, getting help from a somekeyword may be necessary. When is this so?

If you have no idea about tenant eviction laws and proceedings
If your tenant is putting up a fight or hiring an attorney for representation
If you want it to be a hassle free experience


How long does the eviction action take? It would take about three weeks if the tenant does not put up a legal battle. It depends on the specific circumstances of your case.

How much does it cost? You would require paying the court costs and the attorney fees, which you can recover from your tenant if you win the case.

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