Law Office of Ryan S. Shipp, PLLC

As a landlord, you need to know how the eviction process works

Owning rental property in Florida is a great way to make extra income or earn a living. While the concept of being a landlord is simple enough, there are many issues that can arise and make it complex, costly and stressful. As a landlord, you should be aware of how to protect your rights, including your right to evict tenants if necessary.

Essentially forcing someone to leave his or her residence is not an easy process. If it becomes necessary to evict a tenant, there are only certain grounds by which you can do so, and there are certain steps you have to take. This can be a battle, but you do not have to walk through it alone.

Grounds for eviction

Despite the fact that you own the property, you cannot simply evict someone because you want to. While unforeseen circumstances can arise and necessitate removal of tenants, some of the most common reasons for eviction include:

  • Breaking rules regarding pets or allowing unauthorized people to stay on the property
  • Failure of the tenant to pay rent on time
  • Participating in or allowing criminal activity to take place on the property

A formal notice must precede the forcible eviction of any tenants from your property. This includes a written notice with an explanation of why the eviction is taking place. You will have to provide the tenants a reasonable amount of time to address or fix the issue, such as getting rid of a prohibited pet, paying for cleaning or bringing rent payments up to date. If they do not, then you may file for a court eviction proceeding.

What is the unlawful detainer process?

After providing a notice to the tenant and allowing that person to address the issues, you may then file a petition with the local court. While it is a legal proceeding, the unlawful detainer process can move rather quickly in certain circumstances. After submitting the paperwork, there will be a court hearing scheduled. Depending on your court jurisdiction, the court may request that the tenant file a written response.

If the tenant does not respond or does not appear at the hearing, it is likely that you will prevail in your unlawful detainer action. The court will probably grant the tenant a few days to remove themselves from the premises voluntarily, after which the police may come and evict the tenant.

Protecting your property interests

As a landlord, it may be necessary to protect yourself and your property interests by evicting a tenant. You would be wise to know how to shield your property from harm and navigate the eviction process if it ever becomes necessary. Knowing your rights can be the first step toward avoiding complications due to difficult tenants.

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Law Office of Ryan S. Shipp, PLLC | 814 W. Lantana Rd., Suite 1 | Lantana, Florida 33462 | Phone: (561) 699-0399 | Map & Directions