How to evict a tenant in Florida without a lease.

How to evict a tenant in Florida without a lease.

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Florida Landlord Eviction Service LLC - Non-Attorney Service.

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36. How to evict a tenant in Florida without a lease.

Evicting a tenant in Florida without a lease involves many factors. Are you evicting them for non payment of rent or for some other reason? Florida Landlord Eviction Service LLC can assist you in the eviction form preparation. We service Hillsborough County, Pasco County, and Pinellas County Florida.

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 How to evict a tenant in Florida without a lease.

36A. How to evict a tenant in Florida without a lease

Evicting a tenant in Florida without a lease involves many factors. Whether the tenant has been stuffing a bunch of unknown tenants into their rental unit or may be there up to illegal activities. They just have a toxic encounter with the owner or landlord that that canít be amicably resolved. The landlord may begin contemplating evicting their tenant. To evict such a tenant isnít always an easy task. You can not just show up at the house and move the tenant out. You may need the assistance of an expensive attorney or you can start the eviction process yourself. You can easily evict the tenant without an attorney by simply following Chapter 83 of Florida Statutes An eviction document preparation service can assist the owner with the eviction forms and process. While a lease agreement is highly recommended, to be signed by the tenant and the landlord, some tenants never pen down the agreement. Unknown to the tenants, this negligence can turn catastrophic if any slight disagreement ensues in the future. However, there are methods that need to be followed carefully to ensure smooth and drama free eviction. Here is what is usually done.

Method 1: Determining the grounds of Eviction process

You donít just show up at the door of the tenant and order him/her out. The first thing to verify is if there are salient grounds for eviction. Most evictions involve a tenant not paying rent, but there are many other reasons. For instance, the tenant(s) may be having extra occupants in the house especially if it is prohibited by the owner. The tenant may also be conducting illegal activities such as dealing drugs in the house or damaging the house. For a tenant without a lease, Practically any conduct or activity that amounts to an offense in the landlordís opinion can lead to eviction.

A tenant living in a Florida residential house without a lease agreement can be evicted anytime for any reason. But there are few exceptions. The reason for eviction shouldnít involve discrimination based on creed, gender, race, age, national origin, HIV status, handicap, children or marital status. If the tenant is living in public housing such as Section 8 housing then the grounds for eviction are really narrow.

Sending the warning letter

Although there was no binding lease agreement made by the tenant and the landlord, the eviction process needs to be amicable and on clearly irrefutable ground. In fact, it is recommended that the tenant and the landlord try to broker a deal and solve the disagreements without involving anyone else. But if a solution canít be reached, the landlord will have no option but to proceed with the eviction process. Therefore, having found the tenant to be competent enough for the eviction, the best thing to do is to send a warning letter. If this does not work you will have no choice but to begin the eviction process.

Method 2: Filing the eviction complaint

Delivering the notice to the tenant

The eviction process officially begins with the issuance of an eviction notice demanding the tenant to vacate the premises within a set period of time. Since there is no lease agreement in existence, there are two possible types of notices that can be used. The first is a 3-day notice demanding payment of the outstanding rent. The rent paid at this time must not exceed the total accrued rent. The landlord must accept full payment of the arrears before the expiration of the 3-day notice. Once the landlord accepts full payment the arrears, s/he canít proceed to evict the tenant on that 3 day notice. The second notice is a 15-day notice requiring the month-to-month tenancy to be terminated.

Serving the tenant with the eviction notice

For the eviction to accrue, state law dictates the the process of the eviction. It states how the eviction notice needs to be delivered. Since the landlord is dealing with a tenant with no lease agreement, the typical notices used are the 3 day notice, 7 day notice, and the 15 day notice. The landlord, together with the assistance of an eviction service company can decide to hand the notice to an adult occupant of the premises or simply pin it on the door. To ensure that things take a professional outlook, the notice can be sent by email and then a certified mail is used to keep a copy of the notice for future references. You must allow extra time for the tenant to comply when you mail the notice. It is typically much quicker to deliver the eviction notice.

The tenant needs to heed the eviction notice and vacate the premises. But there may be a situation whereby the tenant refuses to heed the eviction notice. The tenant may decide not to pay the arrears and deliberately let the eviction notice expire. In this case, it is up to the landlord to lodge an eviction complaint in the county court. The landlord is required to let the tenant stay in the premises as the matter commences in court until a decision is reached by the judge. All utilities including electricity, water and gas must not be turned off until a verdict is given by the court. The landlord canít evict a tenant by herself/himself. If the eviction court rules in the favor of the landlord, a sheriff order will be sent to the tenant. It is the duty of the sheriff to notify the tenant about the deadline beyond which s/he will be forcefully evicted from the premises by the sheriff.

Changing locks

After the tenant has been evicted, it is important to change the locks of the premises if you believe the evicted tenant still possesses a copy of the keys. The landlord needs to be sure to wait until the evicted tenant has left to do the lock replacements. This helps in preventing the bad tenant from moving back in and you having to evict the tenant again.

How long should the eviction take?

The duration between the time the landlord comes up with the decision to evict the tenant and the actual eviction can vary widely. It depends on a lot of factors at hand. If the tenant had been evasive and resorted to buying time while plotting to leave the premises, it can take longer. However, the period between the time of issuing eviction letter and eviction notice tend to be short. The time between issuance of the eviction notice and the actual eviction can be even shorter. However, the duration depends on an array of many other factors.

In a nutshell, hiring the services of a private company to prepare non-attorney eviction documents is a really great idea. Call Florida Landlord Eviction Service LLC.

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How to evict a tenant in Florida without a lease

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How to evict a tenant in Florida without a lease

How to evict a tenant in Florida without a lease.

Tampa Eviction Services.

Florida Landlord Eviction Service LLC - Non-Attorney Service.

Call for eviction services (813) 433-0120 - house1776@gmail.com

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