Florida Bar Rental Agreement
Another complication occurs when a tenant does not pay the rent or refuses to move at the end of the tenancy period. Under these conditions, you can evict the tenant, but only after taking the appropriate legal steps to initiate an action in possession according to a very specific schedule. You must properly inform the tenant or inform them that this tenancy agreement is terminated. If the tenant ignores these communications, you must then file a complaint in court and receive the tenant in full with a subpoena and a claim. Five business days after the complaint, you can ask the court to set a hearing date. However, if the tenant does not respond to the complaint within five working days or does not pay the rent due, you can lead to eviction without first being heard, although you must receive a court order before the tenant is evicted. Another important right is that your property will be returned to you intact at the end of the contract. It must be returned in the same condition as it was received, with the exception of ordinary wear. If you need a potential tenant to complete a rental application and the applicant is a member of the U.S. Armed Forces active or active in the state or a member of the Florida National Guard and the U.S. Reserve Forces, you must notify the applicant of the approval or rejection of the application within seven days of filing the application. If the tenant challenges the rent due, the rent must not be deposited in court and a hearing must take place.
If you want to get damage from the tenant, you have to wait 20 days to hold a damages hearing. During the oral procedure, you can request the eviction of the tenant. If the judge admits that the tenant has violated the terms of the agreement, a sheriff will issue an eviction notice to the tenant. The tenant then has 24 hours to get out of your property, or the sheriff can return to remove the tenant and monitor the taking of the tenant`s belongings. As these procedures are so technical, it is advisable to have them treated by a lawyer. Even if you decide to file the application yourself in the regional court, you should have a lawyer verify the communications you have provided and how you have served them to ensure that you have properly complied with all the requirements of the schedule.