Eviction is not an easy matter for an owner or tenant. For some reason, the tenant can not pay their rent as stipulated in his contract. To obtain their money, the landlord must follow the eviction process in Florida.
Florida Eviction is complicated with several steps. The fees for court documents for submission are different for each county, but the same steps to be taken for every eviction proceeding. Some evictions go right, while others may be retained in court by technicalities and appeals. Either way, evictions are emotional and trying times that all parties involved.
The following steps outline the process of eviction Florida.
Step 1
Three day notice to pay rent or vacate the property occurs. This is a written notice by the landlord the tenant is notified that the rent is due. If the rent money is not paid within three days or the property is not vacant, then the landlord proceeds to step # 2.
Step 2
File a complaint for eviction in the county courthouse civil division. The owner of this document archives in the county court division civilians. Indicates the name of tenants and the amount you owe money to catch up and remain on the lease. After the paperwork is processed, you can take from three to ten business days, step # 3 is executed.
Step 3
Call eviction is served by the sheriff. This is the role of the demand for eviction that has been processed by the court. The tenant receives five working days to respond to the court stating their intentions to pay or vacate the premises. One of three things happen.
A. The tenant replies within the allotted 5 days and pay all the money needed to keep up. A hearing may be scheduled before a judge to "warn" the tenant not to do it again. The tenant can continue living in his apartment.
The next two scenarios have the same result.
B. The tenant responses the judge, but no money. Three different proposals presented below, which will lead to eviction and notice of nonpayment.
C. The tenant does not respond at all.
A hearing will be scheduled in which both sides must present their cases. The lessor shall demonstrate that the tenant has not paid and for how long. The lessee shall reasons as to their lack of non-payment.
Step 4
The judge enters a final decision on rent arrears. This is in favor of the landlord and the tenant forces pay immediately or immediately vacate the premises.
During all steps, the process may stop with the proper payment. A landlord can also sue in court small claims seeking reimbursement for legal fees too.
The tenant has rights and can appeal a decision to quit. Florida Evictions are more difficult to obtain in the case of an adult with small children or people with disabilities living with them.
About the Author:
Marty Orefice is the president of USHomeAssist.com, a successful multi-service real estate company that buys, sells, and rents houses in Orlando and Central Florida . Find out how you can rent to own your dream home, or sell your home fast without a Realtor at http://www.USHomeAssist.com .
Article Source: ArticlesBase.com – How to Navigate the Florida Eviction Process
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