How Do I Evict Someone
i'm in tampa, florida and i am a new landlord and may have to evict one of my tenents... what is the process? from start to finish, please.... :-?
i'm in tampa, florida and i am a new landlord and may have to evict one of my tenents... what is the process? from start to finish, please.... :-?
I was just in your shoes about eight months ago too. New landlord as well. I read my landlord laws according to California's and my county's as well. It seemed to me that if my tenants wanted to they knew all the "loopholes" and keep dragging out the process for up to another 6 months. I was like the hell with that... so I killed them with kindness...I started by one weekend giving them a steak house certificate. then passes to the ball park. Once I got their trust and built this relationship with them where they saw me like a friend instead of the "rich landlord" I told them I was getting ready to pretty up their place and needed to rehab all of my units and needed to move them out to a motel for thirty days and then move them back. Guess what..it worked! After the two weeks they loved their motel and lounged there and I found out that in motels you are not a tenant, but rather a paying customer and when the customer does not pay the police come and pick you up. Capeesh!
Brainstorm, I admire your creativity, but be careful some legal aid lawyer could argue they have an oral lease because you promised to move them back in.
Good Luck.
Wow, brainstorm, you spent tons of money for some elaborate (and illegal) ploy to get your tenants out. Creative maybe, but not what I'd recommend.
Your best course of action is to take a trip down to your local courthouse and inquire as to how to legally evict someone in your area. There, you should be able to get all of the paperwork and procedures for doing it correctly. You probably should either look up your landlord-tenant laws on the internet or ask for a copy of them when your at the courthouse, so that you can get to know them.
If the eviction process seems a bit too complicated for you at this time, it may be best to hire an attorney to do the first one for you. After that, you should have all the info and forms needed to do them yourself if you so desire.
Roger
PROCEDURES TO FILE LANDLORD/TENANT EVICTIONS
There are four different types of notices given to tenants for evictions. Each one is very specific in what it requires. Listed below are the different types of notices. You must give the tenant one of the following notices by either hand delivery to tenant or posting the notice to the tenants door. After the required time has passed you will bring to the Clerk’s Office the filing fees and your complaint, along with five copies of one of the notices listed below, together with a stamped envelope addressed to each tenant. If there is a written lease agreement, bring five copies of it along with the notice and envelope to start the eviction procedures. There are Court approved and Supreme Court approved forms for giving the notice and proceeding with the eviction procedure, these forms may be obtained from the Clerk’s Office County Civil Division
THREE DAY NOTICE
If a tenant has not paid his rent, the landlord is required to give his tenant a three day notice in writing to vacate the premises or pay the rent (please state the full amount of rent only that is due). After three full days (Excluding Saturdays, Sundays, and legal holidays) have elapsed from the date of the notice (not counting the date the notice is delivered to the tenant), if the tenant has not complied with the notice, the landlord then comes to the Clerk’s office and files his complaint for eviction of the tenant.
SEVEN DAY NOTICE (WITH CURE)
If the landlord has a tenant who is undesirable but the situation could be remedied within seven days (i.e. unauthorized pets, guest, or parking, etc.), the Seven Day Notice with cure could be given. The notice should state the non-compliance and give the tenant seven days to correct the problem or to vacate the premises. The tenant would be allowed to stay if he complied. If he does not comply, then the landlord would file a complaint for eviction based on the notice given. If this same conduct or conduct of a similar nature is repeated within twelve (12) months, the landlord can terminate the lease by giving a seven day notice without cure.
SEVEN DAY NOTICE (WITHOUT CURE)
If a tenant is undesirable with a serious non-compliance (i.e. destruction, damage or misuse of property; unreasonable disturbance, etc.), the Seven Day Notice without cure could be given. The notice informs the tenant the rental agreement is terminated and that no further rent will be accepted. It also lists the items of non-compliance. If the tenant has not moved in seven days, the landlord would file eviction proceedings.
FIFTEEN DAY NOTICE
If the landlord needs possession of his property and it is not for any of the above reasons and the rent is paid on a month to month basis, he would give the tenant a fifteen day written notice to vacate the premises. The notice would state that the rental agreement is terminated and no further rent would be accepted. This notice should be given fifteen days prior to the rent being due. If the tenant does not vacate, the landlord would file his complaint for eviction. If a written lease agreement has been entered into, this section does not apply.
PROCEDURE AFTER INITIAL FILING OF EVICTION COMPLAINT
When the eviction complaint is filed, the clerk will issue a five day summons and send it to the sheriff for service on the tenant. The tenant will have five working days in which to file a written response to the summons with the Court or to vacate. If a written response is made, a hearing will be set before the judge assigned to the case and hearing notices will be sent to each party. If no response is made, the landlord may come back to the Clerk’s office, with a Motion for Default.
You will need to submit a Judgment for Possession for the judge to sign and a Writ of Possession to be issued by the Clerk’s office. The Sheriff’s Department will serve the tenant with a notice to vacate. If the tenant does not vacate the premises, the Sheriff will then proceed to evict the tenants.
If the tenant should vacate the premises or pay the rent prior to the landlord filing their Motion for Default, the landlord should notify the Clerk’s office in writing and submit an Order of Dismissal for the Judge to sign.
JohnMichael,
Great post on MO's method and procedures of evictions. However, these may or may not be the correct way to go about it in Tampa, FL. I know that it doesn't work that way in good ol' NC, here.
And that was my point in my last post. If you want to know the correct and legal way to perform an eviction in your state, go to the local court house and ask, or visit the local attorney who specializes in evictions.
Roger
rajwarrior
My last post is for the state of FL.
I deal with props in FL and have had to go through the process.
[ Edited by 3qu1ty on Date 08/05/2004 ]
The first time I would hire an attorney whospecializes in evictions. Pay him and learn what he does, then in the future you can copy it
Many states have such specialists that do it for $100-$150.
[addsig]
Here's a great site about FL Landlord- Tenant statutes:
http://www.megalaw.com/fl/top/fllandlord.php
I would recommend stroling to you local small claims office of courthouse. The folks there can walk you through the whole drawn out process.
Good Luck!
Reminder:
Forum Rule 6: ARGUMENTATIVE TCI forums are positive and encouraging. Forum posts* with or without the use of profane language that are bashing, accusatory, name-calling or argumentative in nature, or demonstrate a lack of basic courtesy and respect for another member. *NOTE: this includes material in your "signature". [ Edited by 3qu1ty on Date 08/05/2004 ]
Great Point 3qu1ty,
This old timer gets a little grumpy when he gets corrected without foundation.
But you corrected me in such an eloquent way.