One of the biggest issues that Landlords deal with are Tenants that fail to pay rent. Not only does it cause Landlords to lose income, it requires them to spend fees on the Eviction Process. While we understand that this can be frustrating for Landlords, 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. Tenant Receives a 3 Day Notice.
If a Tenant fails to pay rent, they will receive a 3 Day Notice. Thereafter, they have 3 Days to pay the rent. If they pay, they can remain in the property. If they do not pay rent, an Eviction can be filed.
2. Tenant responds to the Eviction.
A Tenant has five days to respond. A Tenant can file an Answer with the Court. However, if they disagree with the amount stated 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 the Tenant fails to respond, a default will be entered. As a result, the Tenant has lost their right to respond to the Complaint.
3. Court makes a Determination.
In most cases, the Court will order Mediation. If it is not settled, a Final Hearing will be scheduled. At the Final Hearing, the Judge will rule for the Landlord or the Tenant. If the Judge rules for the Landlord, a Final Judgment will be entered. If the Judge rules for the Tenant, they will be able to remain in the property.
4. Writ of Possession.
Once a Final Judgment is entered, the Clerk signs the Writ of Possession. The Sherriff then posts the Writ 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 to attempt to stay the Writ of Possession. However, unless they have legal grounds to contest, it likely will not be granted.
Accordingly, the Eviction Process takes 4 to 6 weeks.
1. Evicting Tenants for non payment of rent.
2. Evicting Tenants for violations of the lease unrelated to non-payment of rent.
Florida Statute Chapter 83.56 allows a Landlord to evict based on non monetary violations of the lease. Specifically, they are found in 83.52. 83.52 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 of the lease, the Landlord is required to give the Tenant 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 after the termination date.
4. Removing people from the Home that do not pay rent and do not have a lease.
This removal action is call an Unlawful Detainer. However, unlike an eviction, there is no Landlord/Tenant relationship. Further, the Homeowner is not required to give notice.
Therefore, if you need to Evict Tenant in Lauderdale Lakes Florida or any City in Broward County, contact our office at (954) 990-7552.