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What To Do If a Tenant Is Not Paying Rent
While owning and renting out real estate can be a wonderful source of passive income, the word "passive" is not entirely accurate. After all, landlords have to deal with the physical, legal, and financial aspects of renting out their property. One of the biggest and most frustrating issues that landlords face is when a tenant is not paying their rent. An experienced Fort Lauderdale, FL real estate attorney can advise and represent landlords on how to proceed against a tenant that is not paying their rent.
Can You Evict a Tenant For Nonpayment of Rent?
A landlord can evict a tenant who is not paying rent. However, landlords must follow the specific legal processes for eviction under Florida law. Failure to follow eviction procedures can backfire, giving the tenant a potential claim for wrongful eviction, which can entitle the tenant to damages or even to remain on the property.
What To Do if a Tenant is Not Paying Rent
Communicate
Resolving a dispute before litigating can be much less expensive and time-consuming. If a tenant is not paying rent, landlords can communicate with tenants to attempt to reach a solution before going through the eviction process. This can involve giving the tenant the opportunity to leave the premises after finding a suitable replacement tenant or offering a discounted rent (where appropriate).
Evict
If it is not possible to come to an amicable solution, the next step is to go through the eviction process, which in Florida looks as follows:
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Notice: The eviction process starts with the landlord giving the tenant a three-business-day written notice to pay their rent or move out of the premises. The notice must state the amount that the tenant owes.
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File Eviction Lawsuit: If the tenant fails to pay the rent that is past due after the notice period has passed, the landlord may file an eviction complaint for non-payment of rent and possession of the property.
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Tenant Responds: The tenant has five days to respond to the complaint in court. If the tenant does not respond, the court will automatically rule for the landlord.
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Court Hearing: If the tenant responds to the complaint, the court will examine all the relevant evidence in a hearing attended by the landlord and tenant, such as copies of the rental agreement and the notice, and make a ruling.
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Writ of Possession: The court will issue a writ of possession requiring the tenant to vacate or leave the property within 24 hours. If the tenant fails to comply, they can be forcibly evicted by the sheriff.
Contact a Fort Lauderdale, FL Real Estate Attorney
At The Elliot Legal Group, P.A., our law firm represents landlords in real estate litigation and evictions. Whether you wish to negotiate an amicable resolution or have to evict a non-paying tenant, the experienced Broward County, FL landlord attorney is here to protect your rights. Call the law firm at 754-332-2101 for a consultation today.
