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My question involves an eviction in the state of: Florida
Thank you SO much for taking the time to read this. I am about to rip my hair out.
I'm helping my mom(the landlord) sort this out, but English is her second language. I came home from college and I was JUST NOW brought into all of this. I'm trying to piece everything together to figure out what to do next because she is overwhelmed. All I have to work with is a messy pile of papers and her explanations in Spanish. This whole thing has been like a puzzle and I'm doing the research to solve it. I would be very VERY grateful if anyone could help in any way.
In a nut shell:
1.Tenants are crazy. They don't pay rent on time and/or pay with void checks, etc.
2. We sent a 3 day notice, they pretended not to get it.
3. We had the sheriff out there (I'm not sure with what) and was also ignored (it's a gated 5 acre property)
4. Now the tenant is paying rent to the court and will continue to pay to court until something is finalized
5. We are going to court for their eviction
I'm confused about #4. I've read up on the eviction process in Florida and I am not sure I understand what is going on. How did we go from 3 to 4? (if that makes sense). -Why is the tenant paying the court?
-What do we need to bring with us to court on Jan 7th?
-Do we still need to try and serve the 3 day notice before the court date since they claim they haven't gotten it, or is that done with?
I'm not a pro but are they completely caught up to date on rent?
Is there anything in the contract that states what happens if you recieve the payment late?
What do you mean by 3 day notice? Did you send it by certified mail?
I would just contact a lawyer and next time use a management company.
In a nut shell:
1.Tenants are crazy. They don't pay rent on time and/or pay with void checks, etc.
2. We sent a 3 day notice, they pretended not to get it.
3. We had the sheriff out there (I'm not sure with what) and was also ignored (it's a gated 5 acre property)
4. Now the tenant is paying rent to the court and will continue to pay to court until something is finalized
5. We are going to court for their eviction
I'm not in Florida, and rent laws vary greatly from state to state, so hopefully someone from Florida chimes in to give you some better details.
However, here is my general input.
2. In most states, notice must be given via certified mail. That way, you have proof that you attempted delivery. If they choose to ignore that, it is their problem. If you sent it certified mail, you have proof. If you didn't, then to all intents and purposes, you didn't serve them. If you send it now via certified mail, you will probably have to reschedule the court date for a later time, as there are rules about that as well.
3. At least in my state, if there was no court issued eviction order, there was no legal reason for the sheriff to go out unless they were breaking some law. So they can ignore him too.
4. I agree this sounds like they are demanding some repair be done, and have set up an escrow account with the courts to show that they were willing to pay the rent if you had complied. My state doesn't have this sort of system, so I'm not familiar with the details.
5. Again, in my state, you would have an improper serving of notice, and it sounds like you might have an issue with required repairs. I don't want to worry you more, but you might not win this eviction hearing.
I would definitely suggest you consult with a local rental attorney, because it sounds like you are in over your head. Then I would suggest that your mother finds a property management company to take care of this property for her, because it doesn't sound like she is familiar with rental law, and that is a recipe for disaster.
As for what to bring to court, you will need a copy of the lease, a log of what rent (and late fees, attorney fees, etc) is outstanding. And you will have to show that notice was served properly. In eviction hearings in my area, the only two things the judge asks for are proof of service, and whether rent is paid currently. You may have issues on both of those items.
In Florida it doesn't have to be by certified mail but proof is what you need. We always make timd/date stamped pictures of the property and the 3 Day's Notice when we put it on the door. 2 Weeks ago I put one on the door, than knocked on the door, walked away from the door and with my camera handy made a picture when the tenant opened the door so I had the notice on the door in the picture and the tenant. What more proof can you have
If they pay into the court register, the judge won't grant the eviction since they show good faith and there must be another reason for them not to pay or they try ot play mouse and cat and stay as long as possible.
You have to look at the 3 Day's Notice if the names, etc. are spelled correctly otherwise it will thrown out of court and you have to start over.
Bring copies of the lease and all other proof to court and don't say to the judge that your mom has no clue or can't understand it due to the language barrier....She is a LL and needs to know the Law and able to have a conversation with the tenants, otherwise the tenants will win faster than you can think.
If she will claim she didn't know, than the judge will say "you shouldn't be a LL" it is not an excuse.
Does the property have a mortgage? If so, who is the actual owner and who is making the mortgage payments? Are the mortgage payments up to date?
Is there a lease? When does the lease expire?
Did your mother use a lawyer to help her in the past in order to get the court involved or are the payments to the court a result of a foreclosure on the property? Because the tenants are paying the court, I am wondering if the property is now foreclosed (meaning your mom no longer owns it due to nonpayment of the mortgage) and the tenants are paying rent to the mortgage company thru the court while it is pending sale.
Does your mother have a written lease? If so, when is the end date? You may just have to wait to get rid of these tenants and let them move on when their lease expires. If this is the case, your mother will have to write them a move-out letter. This will tell your tenants they have to move out on the last day of the lease. The letter should state the end date of the lease, and also stipulate the condition the premises are to be left in. The purpose of the letter is to inform the tenants that their lease will expire in a couple of months and they will have to move. Legally this is what you have to do. It is a legal necessity. Go to the library and look up a model move-out letter in a landlording book - use that and fill in the appropriate blanks for your letter. One of the most important things about a move-out letter is that it must be received by the tenants literally a few days before the second-to-last rental payment. If it's not sent at the correct time, then your tenants will be able to stay an extra month. Also, it must be sent certified with a return receipt for the tenants to sign - that's your proof for court in case you end up there trying to evict them.
I know writing this letter will be just another extra chore for you to do and will take up time, but it will bail your mother out of an extra month with these people.
If your tenants ask you why their lease isn't being renewed, don't provide an answer. It's advised in landlording books to not do this because any answer at all gives the tenants something to sue you over, no matter how valid your reason is. Just refrain from providing a reason. By law, as a landlord, you're entitled to not have to answer. Stick to your guns and don't provide a reason. If they are relentless harpees over this, tell them you want the property back because you're moving into it. That will have to suffice. Otherwise keep quiet.
One thing I learned while landlording is the less said the better, at least from a legal standpoint. Less ammo for the tenant to go after you with - especially if they're huge troublemakers.
Getting back to your problem tenants: If they have no written lease, then give them 30 days written notice, and then they have to move at that end of time. Period. If they're still there, then you'll have to go through an eviction, and will have to hire a lawyer. If this is your first time through, you'll mess it all up. If you make one simple mistake (a date, a number, a wrong spelling, etc.), the entire process has to start all over again, allowing your deadbeat tenants more time to squat. So, a lawyer is the best way to go the first time. It's very possible the tenants are judgment proof - meaning they have no $ and no way to attach them for it. But if they do have jobs and outstanding rent owed you, then by all means, hire a collection agency - at least you'll get back a fraction of what they owe you.
These days most tenants know their rights and the law. And they know how to use these laws to their advantage, whether it be to squat without paying, how to get around a LL, etc. If your mother continues being a LL, she will definitely have to learn rental law in Florida purely out of self defense.
One additional item - don't let these tenants con your mother into making any written changes to the written lease if there is one. That will entitle them to cause a legal dispute over the lease, and then you'll never get them out of there.
You'd better get educated about landlording if your mother keeps renting to people. Read one good, thorough landlording book from the library. it will answer most of your questions and fill in most blanks. The backbone of the business is finding good tenants who won't cause trouble and who pay their rent. Easier said than done. I believe it takes some experience to develop the backbone for becoming a fair and decent landlord.
It is absolutely long past time to hire an attorney. Contact the Miami or Florida Bar Association and ask for a lawyer referral. This means a 1/2 hour consultation with a lawyer knowledgable in the real estate/rental area at a minimal cost. It will be the most important money you ever paid - Sometimes as low as $25, more than likely $50. But do this ASAP.
My question involves an eviction in the state of: Florida
Thank you SO much for taking the time to read this. I am about to rip my hair out.
I'm helping my mom(the landlord) sort this out, but English is her second language. I came home from college and I was JUST NOW brought into all of this. I'm trying to piece everything together to figure out what to do next because she is overwhelmed. All I have to work with is a messy pile of papers and her explanations in Spanish. This whole thing has been like a puzzle and I'm doing the research to solve it. I would be very VERY grateful if anyone could help in any way.
In a nut shell:
1.Tenants are crazy. They don't pay rent on time and/or pay with void checks, etc.
2. We sent a 3 day notice, they pretended not to get it.
3. We had the sheriff out there (I'm not sure with what) and was also ignored (it's a gated 5 acre property)
4. Now the tenant is paying rent to the court and will continue to pay to court until something is finalized
5. We are going to court for their eviction
I'm confused about #4. I've read up on the eviction process in Florida and I am not sure I understand what is going on. How did we go from 3 to 4? (if that makes sense). -Why is the tenant paying the court?
-What do we need to bring with us to court on Jan 7th?
-Do we still need to try and serve the 3 day notice before the court date since they claim they haven't gotten it, or is that done with?
To whoever answers: you've made my day!!
1. Are the tenant's current on rent?
2. Do you have proof of the 3 day notice?
Your not getting the full story from your mom, and it sounds like you might end up on the losing end of this one.
No need for return receipt on a certified. If you keep the tracking number and the receipt that you get at the post office that will be enough.
I had a "clever" tenant who thought it was smart not to pick up the certified letter. USPS had 3 attemps all 3 stated on the enveloppe and than I ordered the enveloppe back. I took the enclosed enveloppe (don't open it!) to court and the judge confronted them ....haha that was the final blow to their case...if you can call it that they had a case!
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