What can I do if my tenant has not paid the rent?
The tenant must be served with a three-day-notice demanding that the rent be paid or the tenant surrender possession of the premises within three days (excluding the day of service, weekends and holidays), unless the lease gives a different time frame.
How do I evict a month-to-month tenant?
You must serve the tenant with a notice stating that the month-to-month tenancy is terminated and demanding that the tenant surrender possession at the end of the monthly period. The notice must be served at least fifteen (15) days before the end of the monthly period and the termination date on the notice must be the last day of a monthly period.
My tenant has failed to comply with the terms of the lease, other than non-payment of rent and I want to evict. What can I do?
If the tenant has failed to comply with material provisions of the lease or reasonable rules and regulations governed by the Florida Statutes. the the law states:
If the non-compliance is such that the tenant should be given an opportunity to cure the non-compliance the landlord must serve the tenant with a seven-day notice to cure or vacate stating the non-compliance and stating that the tenant has seven days to correct the non-compliance or else the lease is deemed terminated and the tenant shall vacate upon such termination.
Examples of such non-compliance include but are not limited to, unauthorized guests, pets or vehicles, failing to keep the premises clean and sanitary and disturbance of other tenants by loud noises. In addition the notice should state that if the tenant repeats the same conduct or conduct of a similar nature within twelve months, the tenancy is subject to termination without further opportunity to cure.
How do I serve a three-day-notice, a seven-day-notice or any of the other required notices?
You may serve the notice yourself or have it served by a process server that works with our company. It is best to use a licensed process server since it eliminates mistakes an the process server will be perceived by the court as an impartial party with no stake in the matter. You may also post it on the premises and take a picture as proof if possible showing Apt # or address. If you do it yourself it's best to have some proof that you served the notice.
How long will it take to evict a non-paying tenant?
The time required to evict a non-paying tenant in an uncontested eviction action can range from 4 to 6 weeks depending on the particulars of the case and the court's busy schedule.