Going through an eviction process is tedious for both the landlord and the tenants. But this is required in order to ensure that due process is observed before a landlord evicts his tenant based on meritorious grounds. The right to evict is given to a landlord, however, tenants can always contest such eviction. Whether you are a landlord or a tenant, it helps to understand the Orlando eviction process to help you go through the procedure. Each state has its own law governing the eviction process and it is essential to have a basic knowledge about it to know your rights in case eviction is unavoidable.
Chapter 83 – Florida statute on eviction
This is the statute of Florida law that governs the procedures involved in an eviction process. A landlord who is taking the initiative of evicting his tenant is mandated to follow the various steps provided and on the ground allowed by law. The following are the important provisions of Chapter 83 that tenants and landlords should know about:
- Landlords may evict tenants on meritorious grounds, such as non-payment of the rent and violating the tenancy or lease agreement. Landlords need to give a 3-day notice to tenants with the option to either pay the rent or vacate the property within three days. In cases when the tenant violated the term of the lease contract, a seven-day notice to vacate is required.
- If after the notice the tenant refuses to comply, the landlord may resort to court proceedings. In this case, the landlord needs to file a complaint, after which the tenant is summoned by the court to file an answer to the complaint within 5 days.
- If the tenant failed to file an answer to the complaint, the landlord may, through his lawyer, file a default judgment. A hearing is held in case the tenant files an answer.
- A writ of possession is issued by the court after the hearing or by default of the tenant. The writ is served by the sheriff to the tenant.
- The proceeding may take three weeks on the average, but takes longer when the tenant contests the complaint.
What a landlord needs to know?
A landlord with a legitimate claim for an eviction of his tenant from his house in Orlando needs to obtain a Writ of Possession. This is an order issued by the court ordering the tenant to vacate the property. In order to obtain the writ, the landlord has to follow the procedures required under Chapter 83 of the Florida law stated above. Note that a landlord cannot immediately evict tenants from their Orlando Florida property without the due process of notice. Hence, it is important to serve the notice in writing prior to resorting to a court proceeding. The process is in fact tedious and you may have to pay for the costs of the filing fee in court and you may need the help of a lawyer.
What a tenant needs to know?
As a tenant, you have the right to contest the complaint of the landlord against you. That is why you need to file an answer to the complaint within the specified period to avoid being in default where you will be deprived of your right to present you defenses. Tenants may not be evicted if full payment of the rent has been made within the three-day period. Rental payment is a defense that you can use against a landlord. Another defense that a tenant can make against a landlord is to be justified in not paying the rent if the landlord, after a prior written notice from the tenant on the necessary repairs to be made on the property, failed to make the repair within seven days.
Selling your Orlando Florida rental property
Being a landlord can be extremely stressful. Many first time landlords often resort to the option of selling their house in Florida instead of pursuing tenancy on their property. If leasing the property is not doing well in the market, you have the option to sell your house. We can buy your property in as short as nine days. We do not use the traditional bank process so you do not have to worry about your property condition when selling it to us. Call us now so we can help!