One of the biggest issues that Landlords face are Tenants that fail to pay rent. Not only does it cause them to lose income, it requires them to spend fees on the Eviction Process. While we understand that this can be frustrating, we make every effort to evict Non-Paying Tenants as quickly as possible. Therefore, if you need to Evict Tenant in Lauderdale Lakes Florida that is late on their rent, contact our office.
HOW LONG IS THE EVICTION PROCESS?
1. 3 Day Notice.
If they fail to pay rent, they will receive a 3 Day Notice. If they pay, they can remain in the property. However, if still fail to pay, an Eviction can be filed.
2. Tenant responds.
They must respond within five days. They can file an Answer with the Court. However, if they disagree with the amount in the Complaint, they can file a Motion to Determine Rent. In addition, they can deposit the amount they believe they owe into the Court Registry. On the other hand, if they fail to respond, a default will be entered. As a result, they have lost their right to respond.
3. Court makes a Determination.
In most cases, they order Mediation. If it is not settled, a Final Hearing will be scheduled. As a result, the Judge will rule for the Landlord or the Tenant. If they rule for the Landlord, a Judgment will be entered. If they rule for the Tenant, they will be able to remain in the property.
4. Writ of Possession.
Once a Judgment is entered, the Clerk signs the Writ. The Sherriff then posts it on the Tenant’s door allowing the Landlord to have possession within 24 hours. However, a Tenant can file a Motion to Stay Writ of Possession. Accordingly, unless they have grounds to contest, it likely will not be granted.
Accordingly, the Eviction Process takes 4 to 6 weeks.
1. Evicting for non payment of rent.
As previously explained, if they fail to pay, they can be evicted.
2. Evicting for violations of the lease unrelated to non-payment of rent.
83.56 allows a Landlord to evict based on non monetary violations of the lease. Specifically, they are found in 83.52. This states that they must:
(1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes.
(2) Use and operate in a reasonable manner all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including )elevators.
(3) Not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the landlord nor permit any person to do so.
(4) Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.
Prior to Filing an Eviction for Non-monetary violations, they are required to give a 7 Day notice to cure. Failure to remove the violations allows them to file the Eviction.
3. Evicting Holdover Tenants.
If a Tenant remains in the property after the lease ends, they are a Holdover Tenant. For example, if they have a month to month lease and were given a 15 day notice, they are a Holdover Tenant if they have not left.
4. Removing people from the Home that do not pay rent and do not have a lease.
This is called an Unlawful Detainer. However, unlike an eviction, there is no Landlord/Tenant relationship. Further, notice is not required.
Therefore, if you need to Evict Tenant in Lauderdale Lakes Florida, contact our office at (954) 990-7552.