How to Legally Evict a Tenant in Monroe County
First, I'm not an attorney, but I understand what it's like to have your seller tell you, "I want the tenant out NOW!" What do you do?
Can the owner turn off the utilities, throw the tenant's things out on the street, change the locks, and give a new tenant the keys? Nope. Ya gotta follow the rules. Thank goodness they are simple!
If you've already given the proper oral and written notice you can give the tenant a Notice to Quit and Vacate. If the tenant holds over after the expiration of the lease without permission you can give the tenant a Notice to Quit and Vacate. If the owner has terminated the rental agreement for any of the reasons allowed under the Landlord and Tenant Act and the tenant does not move, you can give the tenant a Notice to Quit and Vacate.
If you want to evict the tenant for non-payment of rent, the owner or the agent must serve the tenant with a written notice allowing 15 days, excluding weekends and legal holidays to pay the rent or move out.
•1. Go to the court house where you file public records. Ask for a 15-day Eviction Notice AND a Complaint for Eviction (Filed by Agent of Landlord). Send both papers to the owner for a signature.
•2. You must give the tenant 15 days notice prior to the end of the rental period. If they pay rent on the 20th you must give notice to vacate no later than the 5th or you have to wait another month before they are required to leave. Be sure to write the correct date on the Notice to Quit and Vacate.
•3. Post or deliver the notice with a witness. Your witness must sign the notice.
•4. If the tenant fails to vacate the premises you need to file the Complaint for Eviction and the original Notice to Quit and Vacate at the County Court House.
To get possession of the property, the owner or the agent must file suit in county court. Use the 2nd form that your seller already signed that's called a Complaint For Eviction. Filing the Complaint is how you file suit. It says at the top, "IN THE COUNTY COURT IN AND FOR MONROE COUNTY, FLORIDA." It lists your seller's name (plaintiff) vs the tenant (defendant). You must give the court a copy of the 15 day notice. The tenant has 5 days, excluding weekend and legal holidays, to respond in writing to the court.
If the tenant does not respond a judgment court will issue a Writ of Possession to the Monroe County Sheriff Office and the tenant will have 24 hours notice prior to eviction.
Florida law does not allow the owner or agent to personally eject the tenant, or move the tenant's belongings into the street. The owner is not allowed to shut off the utilities, water, gas, electricity, even if the service is in the Owner's name. The owner can not change the locks or use any "boot lock" or similar device. The owner can not remove the outside doors, locks, roof, walls, or windows. The owner can not remove the tenant's personal property from the dwelling unit unless proper legal action has been taken.
For help selling your rental property in Key West or the Florida Keys call me at (305) 522-1398 or e-mail me at MayaMarieThomas@Hotmail.com.
Maya M. Thomas
REALTOR®
(305) 522-1398
MayaMarieThomas@Hotmail.com
http://www.ShowcasePortfolioProperties.com
http://www.myspace.com/topkeysrealtor
do you lead on someone that could give me some advice on being evitced
i got an hand type letter from my landlord saying i have 6 days to leave..
with no other warning -he( new onwers 2 months ago) now wants to remove the apparment and build storage area
i ahve been living at this res. for over a year
i have caclled check from new and old owner
any help or pointers on any housing advocates
thanks
so much
matt
thanks again
Hi Matt,
I'm SO SORRY! I don't know how I overlooked your important comment. You can contact Free Legal Aid with the county. I can't give you legal advice.
A few things affect this issue. Do you pay your rent weekly, bi-monthly or monthly? Do you have a written lease? These answers make a difference.
If there is no just cause to ask you to leave and you have a lease you are protected to a certain degree. If you don't have a lease and pay your rent weekly then you aren't well protected. You need a lawyer.
I'm very sorry I didn't see your comment. I hope that you get the help that you need.
Maya
Our tenants have not paid rent on time for the last two months; and they still owe for this month, plus late charges. I have sent them the 3 day notice each month. Do to this problem, I am putting my house on the market to sell. Can I give they a 30 day notice through certified mail without going through the court? would it be better to go through court now to avoid delays?I don't have money for an attorney. And these people will not paid a penny once they recieve the 30 day notice or until they are kicked out leagally.
Thank you
Hi Judith,
You must follow Landlord Tenant laws exactly if you want the landlord protections. You should be able to find the forms for the court on your local courthouse web site. As a real estate agent I must recommend that you consult an attorney. As a landlord you can complete the paper work and go to court on your own.
My recommendation is to make a settlement offer. Let the tenant know they will be liable for the past due rent and court costs. Decide what you would be willing to accept and how to frame your offer so that there is an attractive reason (something in it for them) for the buyer to accept your offer of settlement.
You've waited a very long time to respond to this situation. It may be too late to resolve this because so much time has passed. The tenant may be saving money to move to their next home. When I'm in your position I prefer to act swiftly. Within the first few days of the tenant being late I would serve the 3 day notice and follow all of the laws exactly so that you would now (2 months later) be in a position to evict the dead beats.
Maya