This is the next post in my series on evicting a tenant in Melbourne and other Florida areas. My last article discussed evicting a Florida tenant for the non-payment of rent. Our state differs from many others in that it requires a tenant to place the past due amount, along with future rent, on deposit with the Court. This makes our state more favorable than most when it comes to landlords. An experienced attorney can help you to ensure that your case is handled correctly. In this article, I will discuss the process of evicting a tenant who has no lease or whose lease has expired. If you are a landlord in need of assistance then contact my office today to speak with a lawyer.
It is common for landlords to rent a property to a tenant without having them sign a written lease. There are also many situations in which one may experience a situation in which a tenant’s written lease has expired but the individual is still residing in the property. In either situation, unless the tenant voluntarily moves out, the only way to remove them from the property is to go through the eviction process. Some landlords, unfortunately, err in that they think they may remove the tenant themselves as there is no operative written lease. This is not the case. Engaging in “self-help” such as changing the locks, or other such measures, will create legal issues for the landlord. Instead, one must go through the eviction process.
If there is no written lease or the lease has expired then the landlord will be required to serve a seven or fifteen day notice for the tenant to vacate the property. This is known as a “Notice to Quit.” A seven day notice will be required if the tenant pays their rent on a weekly basis. If the rent is paid monthly then a fifteen day notice is required. If the tenant does not vacate within this time frame then the landlord may file a Complaint to begin the eviction process. If the tenant does not file an appropriate Answer within five business days of being served then the landlord may file a Motion to Default. At this point, an eviction may be granted without a hearing and the landlord may proceed with the process of requesting that law enforcement remove the tenant.
It is common for tenants to believe that they may remain in a property as long as they pay rent. If there is no lease or the lease has expired, however, the fact of the matter is that the landlord as a right to their property. They are not required to lease the property to the tenant any longer. If you are dealing with a tenant who is refusing to leave the property then there are many instances in which having an attorney contact them, to explain the situation, can prompt them to leave. This can help a landlord to save the time and resources involved in going through the eviction process.
A key point for landlords to understand is that they should not accept rent from a tenant whom they wish to have leave the property. If, for example, a tenant’s lease expires but the landlord accepts an additional month of rent, then the time it takes to remove the tenant may be extended.
If you are a Florida landlord and need to remove a tenant from your property then contact us online or by telephone today to schedule an initial consultation. I am a Melbourne eviction lawyer who understands that time is of the essence in such matters. I pride myself on providing a high level of service and I look forward to speaking with you. We also serve those in the areas of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.