Steps to evict (by Matthew [FL]) May 4, 2014 7:17 PM
Steps to evict (by V [OH]) May 5, 2014 6:01 AM
Steps to evict (by Kyle [IN]) May 5, 2014 6:42 AM
Steps to evict (by Matthew [FL]) May 5, 2014 11:48 AM
Steps to evict (by S i d [MO]) May 5, 2014 12:52 PM
Steps to evict (by Matthew [FL]) May 5, 2014 1:03 PM
Steps to evict (by Matthew [FL]) Posted on: May 4, 2014 7:17 PM Message:
State Specific Question About: FLORIDA (FL)
I need to evict a tenant for non-payment of rent. I've skimmed 3-4 articles here and none relate to Florida, and I know this is a very state-specific issue.
Is there a link anyone can provide, or actually just post the steps here?
If simple eviction weren't enough, this is a roommate situation where it's 3 roommates and only 1 is at fault. The lease is a joint-and-several, so am I right that the other 2 are responsible for the rent, and then they would have to sue "their friend" to recover his portion?
They're champing at the bit to sell off all his stuff to recover the money and I told them I don't think that's legal. Trying to keep everyone calm and do this all prim, proper, and by the books.
Thanks for any help. :^) --108.223.xxx.xxx |
Steps to evict (by V [OH]) Posted on: May 5, 2014 6:01 AM Message:
This will get you started in FL --> www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/0083ContentsIndex.html <--, then you must find your local rules regarding late fees and timelines for service, before you offer a lease it is best to understand these rules and observe how they interact in courtrooms. Then you can build a lease that works quickly in your court to absolve the problems if you are forced to hire the court to help you - when you take in a document written with erratic illegal rules they often dismiss your case forcing you to speed read or hire a lawyer and start over. If you are unsure of yourself find a local landlord group and ask for an eviction flatfee service to carry out this and observe her/him in action, most of these services need 3 copies of the lease to leave one at court - issue one to tenants and review themselves to be sure they can enforce accurately.
Jointly and severally means that you serve those listed at the same time, room rentals are much more complex and rates are typically double because of the license changes and tax increase, common area damage is nearly impossible to enforce in room rentals. --75.94.xxx.xxx |
Steps to evict (by Kyle [IN]) Posted on: May 5, 2014 6:42 AM Message:
The first step in most places is a pay or quit notice. This will be a notice with specific wording giving the tenant X days (how many days is set by law) to pay or move.
If they are still there and have not paid at that point, you file a claim in the appropriate court. Most places, this is small claims court, but some areas have a special housing court or other court you file your claim in.
You should name all the tenants and they are all jointly and severally responsible for the rent.
You may want to use an attorney at least for this first time and watch what they do so you will be prepared next time.
It sounds like you may be able to avoid court this time though. If the 2 remaining tenants want to stay, just let them know they need to pay the entire rent, not 2/3 of the rent. You could even allow them to find a replacement roommate, subject to screening.
Good luck. --68.46.xxx.xxx |
Steps to evict (by Matthew [FL]) Posted on: May 5, 2014 11:48 AM Message:
Yes, the remaining 2 are model tenants. Rent is always ready the day before the 1st, they actually have a carpet cleaner and clean the carpets 2-3 times a year, etc. I never want them to leave. lol
So I told them they have to pay his share until this is settled and then sue him for that amount; pending my veficiation of that info. What a hassle... But thanks for the info. :^) --38.101.xxx.xxx |
Steps to evict (by S i d [MO]) Posted on: May 5, 2014 12:52 PM Message:
Something to consider...
In Missouri, if I file on one tenant, I have to file on ALL of them. I cannot just file against tenant A without also tarnishing B's and C's in the process. They all show up on the online court docket as having been sued for rent and possession. I don't know if you'd be able to just go after 1 person, especially as everyone has said so far there really isn't any money HE owes you...there is ONE rent that ALL THREE lease signers owe you.
I like Kyle's approach of just telling them they need to still pay the full amount, and if they don't unfortunately you'll have to name them all in the court action and that will stay on their records FOREVER. It's just how it works. Nothing personal, gents, but you made a dumb choice in roommates. Contrary to popular tenant belief, this is not the land lord's problem to resolve.
I'd have some mercy if--as you say--they are "model" tenants. Much will depend on how they respond to your news that they are still responsible for all of the rent. If they are humble, gracious, and pay on time...life goes on. I'd be willing to give them a little slack for 30 days or so to get their affairs in order--get some part-time work to earn some extra $$$, find an acceptable replacement roommate, etc.--or scrape together a buyout fee to release them from further obligation, but they'll have to get their moved-out buddy to sign any move out agreement and/or any roommate change situation as well since he still has rights under the lease. ALL ORIGINAL PARTIES must sign an agreement terminating or altering the lease. They need to understand that and do what is necessary.
P.S. I quit doing roommates for the very reason that stuff like this was becoming common, and the tenants who remained were NOT humble, gracious, or accommodating to my needs/rights under the lease. They just dumped the news in my lap with a "it's not my fault" attitude. Shack-ups seem to do better for some reason, even though they're just basically roomies "with benefits" (and sometimes kids....). --108.250.xxx.xxx |
Steps to evict (by Matthew [FL]) Posted on: May 5, 2014 1:03 PM Message:
@Sid: Yes, to be specific: I am EVICTING him for non-payment... but the FULL AMOUNT of the rent is still due from the remaining 2 tenants (definition of Joint and several lease).
They, then, have to sue him to get that money back. But as you said, that's not MY problem. But...
Like you said, because they are indeed "model tenants" I am working with them as much as possible since this is totally unplanned. Until recently, I had three "model tenants" I don't know what happened to this one guy, it's totally not like him. Drugs? Who knows...
They have already paid the full portion of the rent, the issue now is getting him out so they can get another roommate to complete the current term of the lease.
--108.223.xxx.xxx |
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