Eviction Process in Florida?
My tenant is on a 3-day notice and hasn't paid. I want them to vacate even if they pay rent. What should I do and is it legal to ask them to leave. I'm very concerned with this situation..
Answers:
In Florida, once the rent is current, you forfeit the right to evict. So be careful . . . it's a double edged sword. If you take the check you may be screwing yourself over.
this site has the guidelines and the forms for you ...
"Chapter 83 of Florida Statutes provides the steps to follow in an eviction case. The following information is to assist you with what documents must be filed and the costs involved in a simple eviction case.
The filing fee, payable to the Clerk of Court, in Manatee County is $98.00, other counties may vary. Payment may be in the form of cash or personal check with proper identification.
RHOL includes the basic forms necessary for evictions for non-payment of rent. This short summary of the legal procedure is targeted toward regaining possession of your property. It does not address the payment or recovery of back rent and damages owed to you. "
If the rental agreement contains no provision as to duration of the tenancy, the duration is determined by the periods for which rent is payable (week-to-week, month-to-month, etc.). All other terms are either those specifically addressed by law or those that are part of the agreement between you and your landlord.
83.03 Termination of tenancy at will; length of notice.--A tenancy at will may be terminated by either party giving notice as follows:
(1) Where the tenancy is from year to year, by giving not less than 3 months' notice prior to the end of any annual period;
(2) Where the tenancy is from quarter to quarter, by giving not less than 45 days' notice prior to the end of any quarter;
(3) Where the tenancy is from month to month, by giving not less than 15 days' notice prior to the end of any monthly period; and
(4) Where the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.
83.21 Removal of tenant.--The landlord, the landlord's attorney or agent, applying for the removal of any tenant, shall file a complaint stating the facts which authorize the removal of the tenant, and describing the premises in the proper court of the county where the premises are situated and is entitled to the summary procedure provided in s.
It seems as though you need to go through a court system to break the contract. If I were you, I would get a lawyer to protect yourself, as this could go badly. Good luck!
The answers post by the user, for information only, FreeLawAnswer.com does not guarantee the right.
Answer question:
More Law Questions and Answers: