This is the next post in my series on how landlords in Melbourne and other Florida areas may evict a tenant from their properties. My last article discussed the process of evicting a tenant in our area. It is important to note that a landlord should not engage in “self-help” and try to remove the tenant themselves. There can be legal consequences for doing so. One must go through the legal process and it is generally advised to retain an attorney. In this article I will be discussing how long the eviction process may take. If you are in need of assistance then contact my office today to speak with a lawyer.
How long it takes to remove a tenant from a rental property will partially depend on the reason for which they are being evicted. If the removal is due to the non-payment of rent then the landlord must provide a three-day notice for them to vacate the property. These three days do not include weekends and holidays. If the eviction is for non-rent-related violations, then a seven day notice is generally required. If the tenant had no rental agreement, then either a seven or fifteen day notice will be required, depending on how often rent was paid. Finally, if the tenant had a month-to-month tenancy, and the landlord is simply ending the arrangement, then a thirty-day notice is required. If the tenant does not cure the issue within the notice period, and does not voluntarily vacate the premises, then the landlord may begin the eviction process.
The eviction process will begin by filing a Complaint with the Court. This Complaint, along with a Summons, will be served upon the tenant. If the eviction is for the non-payment of rent, then the tenant must file an Answer within five business days. They must also place the past-due rent on deposit with the Clerk of the Court. If the eviction is for another reason, then they must file an Answer within the five business days. If no Answer is filed (which is common) then the landlord may file a Motion for Default and Judgment. Once this Motion is granted then the tenant will be required to vacate the property. If the tenant does not leave voluntarily, then the landlord my have law enforcement serve the required documents and remove the tenant from the property. In a matter which involves the non-payment of rent, and in which the tenant does not respond, this process typically takes roughly thirty days. Few evictions, however, take longer than forty-five days.
The matter can be greatly accelerated if the tenant voluntarily vacates the property. There are situations in which a tenant will voluntarily vacate the premises rather than facing an eviction. The chances of this can increase if they are contacted by an attorney. Counsel will typically contact the tenant and inform them of their options. Some tenants will then choose to vacate rather than going through the eviction process. This is due to the fact that the latter will appear on their credit report and will it make it more difficult to obtain housing in the future. If a tenant voluntarily vacates, then the matter can often be resolved rather quickly.
If you are an owner of rental properties and need assistance then contact my office today to speak with a Melbourne eviction lawyer. I assist landlords with such matters and understand that time can be of the essence. I will review all relevant documentation and we will move your case through the system as quickly as possible. Contact us online or by telephone today for an initial consultation.
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.