Eviction is usually a landlord’s last resort when a tenant isn’t paying rent or following the terms of the lease and needs to be removed from the property. We always encourage our owners to avoid eviction whenever possible. It’s expensive, time-consuming, and difficult. However, if tenants are uncooperative, you need to remember that your main goal is to get possession of your property again as soon as possible. Sometimes, eviction is the only way. In Tampa, the eviction process is fairly straight-forward.
These are the steps you’ll need to take.
Check Your Lease Agreement
The most common reason to evict a tenant is for nonpayment of rent. If your tenant is behind or refusing to pay, the first thing you should do is consult your lease. The lease will have specifics about when rent is due, whether there’s a grace period, when late fees go into effect, and what the additional consequences will be when rent is not paid. Follow your lease. If you give tenants a five-day grace period to pay rent, don’t start the eviction process two days in. You’ll want to keep your lease handy. If the eviction goes to court, you’ll need to bring it with you for the judge.
Serve a Three Day Notice
When the grace period for rent payments comes and goes and you still have not received your money or any communication from the tenant about when you can expect the money, serve a Three Day Notice to Pay or Quit. This formally lets your tenants know that they have violated the lease by not paying rent, and they have three days to either pay the rent or leave the property, and if they don’t, you will file for eviction. Usually, this gets your tenant’s attention and the rent will be paid. Or, the tenant will ask if a payment arrangement can be made. Whether you accept a payment arrangement or a partial payment is up to you. It’s a good idea to move forward anyway; you can always call off the eviction if payment is received.
File for Eviction in Court
When the three days pass and you haven’t received the rent and the tenant has not vacated the home, you need to go to your county clerk at the courthouse and file the eviction paperwork. This will lead to a Summons and Complaint being served on your tenant. The tenant will have the chance to respond, and then a court hearing date will be set. Bring your lease, your accounting ledgers, and a copy of any communication you’ve sent to the tenant, including the Three Day Notice. You’ll each have a chance to make your case. Unless there is a good reason the tenant has not paid rent, the judge will rule in your favor and let the tenants know when they have to be out. If they are not out in the prescribed time, go back to the judge for a Writ of Possession, in which the sheriff will come to the property and physically remove the tenants.
It’s a good idea to seek professional help when you’re evicting a Tampa tenant. Work with an experienced eviction attorney or contact a Tampa property management company.
We’d be happy to provide eviction support for you. Contact us at Real Property Management Instant Equity for more information.
We are pledged to the letter and spirit of U.S. policy for the achievement of equal housing opportunity throughout the Nation. See Equal Housing Opportunity Statement for more information.
