Michael L. Feinstein, P.A.

Need to evict someone from your rental property?

When you bought rental property, you did so with the hope of having an additional income stream. Owning rental property can be expensive and time-consuming, and it's important to have good renters who pay regularly and on time in order to offset your costs. It can be extremely frustrating when you have a tenant who is not meeting expectations.

It is possible to remove a tenant from your rental property through the process of eviction. However, you cannot simply demand that he or she leave. There are certain steps you have to take and notices you have to provide to make this happen. As a landlord, it is in your interests to know how the process of eviction works and what you can do to protect your right to remove people from your property.

Giving proper notice

With eviction, it is necessary for a landlord to give the person living on his or her property notice of eviction. There has to be a specific reason why you wish to evict the tenant. You cannot have a person removed from his or her residence simply because you don't like that individual or for any discriminatory reason. Some of the types of eviction notices you may have to give a tenant include:

  • Cure or quit notice – This is a type of notice that requires the renter to fix the problem or leave the premises. Problems that a renter may need to cure include any type of lease violation, such having an unauthorized pet he or she needs to remove.
  • Pay rent or quit notice – A landlord can send this notice if the tenant is behind in his or her rent payments. It typically gives the tenant a few days to catch up or make a payment, or else the tenant will have to leave the premises.
  • Unconditional quit notice – A landlord can give this notice when there is reason to require the tenant to leave immediately. There may be limits to when a landlord can send an unconditional quit notice. 

As a landlord, you need to know how to protect your property rights and remove tenants who may be behind in rent or doing things that could harm your property or its value. If you need a tenant to leave the premises for any reason, it may be helpful to first speak with an attorney regarding the proper way to proceed.

Legal complications can be expensive and time consuming for a landlord. To avoid issues and shield yourself against the potential for financial loss, you may want to reach out for an assessment of your situation and explanation of the legal rights and requirements of Florida landlords.

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