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My tenant won’t pay rent!

By: Wilda Pomales, Esq. December 15, 2022 no comments

My tenant won’t pay rent!

Your tenant’s rent is past due, now what?

Don’t fret! As a landlord, you are not obligated to provide housing to tenants rent-free. In Florida, there are steps you will need to take to begin the eviction process and the sooner you begin, the sooner you will obtain a court order allowing the eviction, and the sooner you can get a paying tenant back in your property.

If your tenant has failed to pay rent, as a landlord, you must provide your tenant a 3-day written notice stating the rent amount that is past due. Make sure that your notice complies with Florida Statute Chapter 83. You may provide the notice in the following manner: (1) by mailing or delivering a true copy, or (2) by leaving a true copy at the residence.

So, you’ve provided your tenant a 3-day notice and still have not received the past due rent payment. Your next step will be to file an eviction complaint with the court. Once the complaint has been filed, a Summons along with the Complaint will need to be served to the tenant(s). After service has been completed the Court holds a hearing for the eviction and issues a judgment.

Remember, the court can grant or deny the eviction. It is important to comply with the Florida Statute every step of the way. Once the court grants the eviction the local sheriff will provide the tenant(s) with a Writ of Possession. The tenant(s) then has 24 hours to move out.

In Florida, you cannot evict a tenant without first obtaining a court order. If the case is filed correctly by an experienced attorney, there is an expedited service available that should have your tenant out in under 20 days, if uncontested. We understand that a legal proceeding can be overwhelming, avoid any delays by giving us a call if you have any questions about the process. We would love to assist.


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