Landlord’s Guide to Eviction
In the business of leasing or renting; the landlord of the house, apartment, or condominium needs to establish a good relationship with their tenants. The tenants must be prompt in payments and should avoid acts which damage the property or compromise the safety of fellow tenants at the same time; the landlord must also fulfill his or her responsibilities in the proper maintenance of the facilities of the property. This is the foundation of a good landlord-tenant relationship.
Unfortunately, it is unavoidable that in some situations, the relationship between the tenant and landlord will go sour. When the problem between landlord and tenant can no longer be remedied, then tenant eviction becomes a viable option.
When to Evict
It is important for the landlord to realize that tenant eviction is not an option without any limitations. Tenants are also protected by law, and have the right to sue an abusive landlord. The decision to evict needs to go through a proper process, with the needed documentation. Hence, landowner should have valid legal grounds for evicting a tenant and these should be reflected in the eviction notice so as the tenant fully understands why he or she is being evicted.
Giving a Notice
Assuming that it has been decided that tenant eviction is needed for the situation, and given that the proper documents have been prepared, the landlord is obligated to notify beforehand the tenant that he or she is going to be evicted. The period of time for the notice is different from state to state. In Florida, when the landlord will give the notice depends on the term of tenancy:
- Annual tenancy requires not less than three months notice.
- Quarterly tenancy requires not less than forty-five days notice.
- Monthly tenancy requires not less than fifteen days notice.
- Weekly tenancy requires not less than seven days notice.
Inspecting the Property
The landlord should inspect the property before and after the tenant eviction. This step should also be documented and the tenant concerned should also be given prior notice. The reason behind this is to check for any property damage made by the tenant. If major property damage has been noted, the landlord can withhold the security deposit (depending on the terms of the lease).
Calling the police is not really needed for this part of the tenant eviction; however, if the tenant has made threats or has exhibited violent behavior during the process then having a local law enforcer is beneficial for both landlord and tenant’s safety.
If you are a landlord and are concerned about your rights and options for tenant eviction, you need the guidance of an experienced, successful, and dedicated legal counselor. For a free consultation, please call the Law Offices of Ivan T. Lenoir II, PA anytime 24/7 at 813-251-8320 or visit www.lenoirlawfirm.com.