This is the next article in my series on how landlords may proceed with the eviction of tenants in our area. My last post discussed how long it takes to evict a tenant in Melbourne and other Florida areas. It is important for landlords to understand that they must respect the legal process and that they may not engage in “self-help” to remove the tenant. The process can typically be completed within thirty to forty-five days. An attorney can help to ensure that the matter is handled correctly. In this article I will be discussing specific issues related to evictions for the non-payment of rent. If you are a landlord and are in need of assistance then contact my office today to speak with a lawyer.
Florida is like other states in that most evictions occur due to the non-payment of rent. Our state, however, provides certain protections which help a landlord to remove a tenant more quickly. Under FL. Statute 83.60(2), a tenant must deposit the amount of rent due, and future rent, with the Court while the matter is pending. This is true in all situations unless the tenant is claiming that the rent has actually already been paid. If the tenant fails to deposit the past due and future rent with their Answer to the Complaint, then they will be considered in default even though an Answer was filed. The landlord may then file a Motion for Default and obtain the eviction more quickly. This requirement, that rent be put on deposit with the Court, is not found in many other states and this makes Florida a more favorable environment for landlords who need to remove a tenant.
If a tenant does not timely file an Answer to an eviction action and include the required rent deposit, then they are considered as having waived all available defenses other than actual payment. In the large majority of cases the tenants do not file an Answer. In an even larger percentage, they fail to place the required funds on deposit with the Court. Our legislature has put this requirement in place to help ensure that landlords are protected against “bad faith” efforts to delay the eviction. Such an effort would involve a tenant filing an Answer, knowing that they have not and will not pay rent, just to delay the eviction for thirty or so days while the landlord is awaiting a judicial order. Florida, therefore, is far more favorable to landlords in this regard.
A key point for landlords to remember is that they should not accept rent payments, during eviction proceedings, unless they intend to let the tenant stay in the property. The accepting of rent, even after an eviction has been filed will lead to the request being denied by the Court. A landlord is generally under no obligation to accept rent payments after a Complaint for Eviction has been filed. If the tenant attempts to tender a payment after the case has been filed with the Court, then it is common for the landlord to reject the tender and/or immediately return the payment to the tenant.
If you are a Florida landlord and need assistance with removing a tenant then contact my office today to speak with a Melbourne eviction lawyer. I understand that time is of the essence in such matters and that any delay can lead to financial losses. I will quickly review all relevant documents and initiate the process as soon as possible. I pride myself on providing a high level of service and I look forward to speaking with you. Contact us online or by telephone today.
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.