Eviction 2616

[nicelandlord]

What would be the easy / faster way to evict tenant fron residential property, lease expired over two years ago,
last two months rent past due,

 

[army judge]

What would be the easy / faster way to evict tenant fron residential property, lease expired over two years ago,
last two months rent past due,

Google "eviction YOUR STATE AND COUNTY".

This is the general eviction process in Florida, but each county has an online guide for the process, including forms.

http://www.wikihow.com/Evict-a-Tenant-in-Florida

http://floridalawhelp.org/issues/housing/eviction

http://www2.fiu.edu/~caj/landlordtenantinformation.htm

http://www.nolo.com/legal-encyclopedia/illegal-eviction-procedures-florida.html

This your state's Div. of Consumer Affairs' guide:

http://www.800helpfla.com/landlord_text.html

All you need to know will be revealed.

There is no fast way, just the legal way.

You must follow every step to the letter.

If you mess it up, you must start over.

You can make it easier by hiring a lawyer to do it for you.

Read the lease, usually the tenant will be ordered to reimburse your attorney.

But, that presumes your tenant isn't an unemployed deadbeat.


Sent from my iPad3 using Tapatalk HD

 

[fredrikklaw]

60 Days Notice! Unlawful Detainer Action!

NICELANDLORD:

When a Tenancy for Years (which is the type of lease you had with the tenant) runs its contracted course and expires without either a renewal or a move-out by the tenant, the tenancy is to become a periodic -tenancy, or a month-to-month if you will. And a month-to-month tenancy can be terminated by any party on a 30 day notice if the month-to-month tenancy has been for a year or less at the time of the notice, and 60 days if it has been over one year and the notice needs no cause to be issued.

So, in this scenario, due to the nature of the tenancy, you can circumvent the 3-Day Notice to Pay-or- Quit and serve the tenant with a straight 60 day termination notice and if he still remains at the property after that time, you can then commence an Unlawful Detainer action to have him properly removed.

fredrikklaw

 

[Gail_in_Georgia]

Actually it's a little faster than this in Florida....

Since your tenant now has a month-to-month tenancy, consider following this:

Florida Statutes > Title VI > Chapter 83 > Part II > § 83.57. Termination of tenancy without specific term


Current as of: 2011


A tenancy without a specific duration, as defined in s. 83.46(2) or (3), may be terminated by either party giving written notice in the manner provided in s. 83.56(4), as follows:

(1) When the tenancy is from year to year, by giving not less than 60 days' notice prior to the end of any annual period;

(2) When the tenancy is from quarter to quarter, by giving not less than 30 days' notice prior to the end of any quarterly period;

(3) When 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) When the tenancy is from week to week, by giving not less than 7 days' notice prior to the end of any weekly period.

s. 2, ch. 73-330; s. 3, ch. 81-190; s. 15, ch. 83-217.


At this point in time (and because we are nearing the end of the month...and I am assuming rent is due on the first of the month) it would be quicker to begin the actual process of eviction with these tenants.

One suggestion....you may be a "NiceLandLord" but there is rarely any reason you should let a tenant get two months behind on their rent. Begin the process of eviction the day after rent is due and you will not end up in the pickle you are in with a tenant living rent free on your dime for the past two months and you in a panic attempting to find the quickest way to get these deadbeats out.

Gail