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How to Evict a Tenant: The Necessary Steps

System - Tuesday, May 10, 2022
Property Management Blog

No landlord relishes the thought of evicting a tenant from one of their properties. Unfortunately, sometimes they're left with no choice. In fact, millions of Americans are evicted each year.

If you have a tenant that you need to evict it's important that you go about this process in the right way. As a landlord you have rights but your tenant does as well. These rights need to be respected every step of the way.

This guide will take you through how to evict a tenant in the best way possible from both a legal and professional standpoint. Read on now for some essential landlord tips on tenant eviction.

Best Practices for Being a Landlord

The key to ensuring a smooth eviction process—no matter what the situation may be—actually begins before the eviction proceedings even start. It's important that you always follow a few simple landlord best practices so that you'll be fully prepared in the event that you do end up having to start the eviction process.

By this, we mean basic things like always keeping a paper trail of any correspondence between yourself and all of your tenants. You should also make sure to take photographs of the property immediately before you rent it out and make sure that you have a lease in writing. The more by the book you do everything the easier your eviction will be.

If you have a problem tenant, you should always try and sort things out between yourselves before taking legal action. It's in both of your interests that they cooperate.

Grounds for Eviction in Florida

Every state has its own rules and regulations surrounding the eviction process. In Florida, landlords are allowed to evict their tenants on a few different grounds. The main ones are if the tenant breaks the lease agreement, if they've ceased to pay rent, or if they've done something illegal.

Once you've got valid grounds in the eye of the law to do so, you can begin the eviction process. Be warned that this isn't always well received by tenants.

How to Evict a Tenant in Florida

If you want to evict a tenant from your property the first thing you'll need to do is terminate the tenancy by giving the tenant written notice. The terms for the notice required will depend on the grounds for eviction.

If your tenant doesn't pay their rent you must give them a three-day notice to pay rent or quit. When your tenant has broken the lease they should be presented with a notice of seven days to come back into compliance or quit the lease. Under very specific circumstances, you might be able to present your tenant with an unconditional quit notice which means you'll be terminating the tenancy after seven days no matter what.

Looking After Your Best Interests

As a landlord, you often have to make tough decisions. Knowing how to evict a tenant and the decision to do it isn't one that should be taken lightly but it's one that's sometimes necessary.

If you're in need of help with this or any other aspect of being a landlord don't hesitate to get in touch with Ocala Property Management today.