Landlord Question and Answer Forum

Eviction Proceedings

I live in the state of Florida and I have a tenant who has not paid rent since April 08 she in no longer under a lease. What the legal and proper way for me to start the eviction process. My first step was made today with the Final Notice Warning that you guys offer. How do I proceed ?

Diane - your next step is to send proper notice before filing in court for eviction. You will find these notices and information: http://www.ezlandlordforms.com/documents/eviction_notices/

Posted by Denise S, PA on Sunday, May 31, 2009

I have giving a second notice of eviction they refuse to leave after 2nd notice what is my next step

Posted by ROSARY T, TX on Wednesday, August 05, 2009

File in your loval courthouse for their removal. Most states will hold a hearing. IF judgmenet is awarded to you, then there is usually an appeal period and then a writ of execution can be filed so that you and perhaps a sheriff may change the locks.

Posted by Denise S, PA on Sunday, August 09, 2009

Hi, I have evicted 3 parties in FL, Seminole County. You must serve a 3 day notice of non-payment of rent, (she is still under lease, just on a month to month basis if your lease was written correctly). The you file a 5 day notice in the courthouse. The sheriff serves the 5 day notice. If they don't reply, you can ask for a judgement in default and the judge will give them a time to move out or be removed by the sheriff. If they do respond, you will be assigned a hearing date and make your case to the court. At this point, if they have responded properly, I would get an attorney. If they have responded, but not submitted the back rent (part of the requirements of the 5 day notice), I would show up to the hearing, tell the judge that they didn't submit the back rent to the court and ask him to sign a default judgement and writ of possession, which you have to bring with you all filled out and ready for his/her signature.

Posted by Valerie J, FL on Tuesday, August 25, 2009

Commission an attorney, it will cost you less in the long run. It may also intimidate the tenants into leaving immediately instead of going to court. Some times a unlawful detainer with an attorneys name on the letter head is all you need. Good luck.

Posted by Balkys S, MA on Wednesday, August 26, 2009

When my tenants were past their grace period to pay their rent I served them a three day notice to pay rent or quit. Once the three days were past I completed the Unlawful Detainer docs that the county court has on line. Printed them and filed with court. Then I had a friend serve them and complete the proof of service. If no response is completed and filed by the tenants you win by default.

Posted by Orpah H, CA on Monday, October 19, 2009

these renters pay the rent fine, the problem is they are brand new and they have broke the garbage disposal threw cigerette butts on the parking lot. now they did somthing to the brand new toliet to make it run constantly and i got a notice from the water company that they have used 9700 gallons of water this month. i pay the water. can i give them notice to move even if they pay the rent on time. i just dont need the trouble every month.

Posted by anne k, TN on Friday, October 23, 2009

I know that I have served tenants a thirty day notice to move and you don't have to give them a reason why. You may want to check in your state to see if you have such a notice that can be served.

Posted by Orpah H, CA on Monday, October 26, 2009

My husband's mother and her youngest son (40 yrs. old) rent a house from us but they haven't actually paid rent for about 7 years. My husband tells them they need to pay but they don't and he says he can't just put his mother out. The brother is there only because the mother allows it and he doesn't work. She now really needs to be in a nursing home but she won't go because the son won't have a place to go. I need to evict but how? Will the judge see my side after allowing them to stay so long without rent? What do I do first?

Posted by Steve S, MO on Wednesday, November 04, 2009