Evicting a New Tampa Tenant

Not all tenants work out as landlords hope and when a tenant stops paying a landlord must follow the provisions provided in the lease, and Florida law, to evict a tenant. This may or may not have been something the landlord in New Tampa was thinking about when just trying to find a willing tenant to fill a vacancy. Many just grabbed a "fill in the blanks" lease for the state of Florida from a Realtor. Others used another lease and perhaps even wrote their own or included some specific provisions they wrote themselves. So long as both parties adhere to the contract, it really does not matter, but once one party no longer honors the contract, the law and judicial system will dictate the remedy.

In most cases, the tenant stops paying the rent on time, or stops paying the rent completely. Most landlords would like to avoid an eviction, so they contact the tenant and ask for the money, listen to the tenants unfortunate circumstances that has led to the rent being unpaid or the promises that it will be paid soon. Unfortunately for the landlord, this stall technique from the tenant does not impact the speed at which a tenant can be evicted once the process is started. So, if a typical eviction takes 30 days, the eviction will take 30 days no matter if the process starts on the 5th of the month, the 25th of the month, or if the tenant is 3 months past due. The longer the landlord waits to begin the process, the longer the tenant gets to live "rent free". Any unwritten promise a tenant makes during this time is quite irrelevant, verbal promises to pay next week or to pay extra rent are the type of items that make a landlord hesitate at filing an eviction. Typically, a landlord will wait far too long to start an eviction, hoping the tenant will just start paying or make up back pay.

Sometimes a landlord will be willing to give up on the tenant, ask the tenant to leave and cancel the lease. Even if the tenant agrees to this verbally, the eviction process is still necessary unless the tenant surrenders in writing and leaves the property. So, even if a tenant promises to leave in 2 weeks, if the tenant does not leave, the landlord may still need to file an eviction.

So, what should a landlords do if there is cause for an eviction? First, do not hesitate to act. Hesitation causes back rent to increase and this back rent is likely going to be hard to collect even if the landlord files for a judgment and wins the case. Once it is obvious that the tenant is going to be a problem, which should be the day after the grace period for the rent to be paid, the eviction process should be started. At this point, the landlord should be attempting to minimize the damage of an nonpaying tenant, which will increase every day.

The other important item for a landlord is to ensure a proper eviction process is followed. There are many options at the landlords disposal, including hiring a lawyer. Hiring a lawyer is likely the most costly option for out of pocket expenses, but it could save the landlord considerable time and money in the long haul. What many landlords learn the hard way during an eviction, if something is not done properly during the eviction process, the whole process must be started over. So, after sending a notice, filing for an eviction and scheduling a hearing - which could easily be 3 to 4 weeks, the court could find a problem with something the landlord submitted which would result in the whole process needing to start at step one again and another 3-4 week for an eviction hearing.

One of the biggest problems facing New Tampa Landlords is the fact that many of the leases being used could have problems when presented by a landlord to a court of law. Unfortunately, many that have filled out leases do not understand what is permitted in a lease that is not drafted by an attorney. A common mistake is to sign a lease for longer then one year. Many make a simple mistake of having a lease that runs from May 1st of year one and end on May 1st of year two, which is an invalid lease that is for one year and one day. This could cause the court to rule the lease is invalid and the filing for eviction could be dismissed. Then the landlord would have to file for an eviction of a tenant that does not have a lease, starting again from square one and having to pay again all of the filing and court fees.

Of course, the best way to handle an eviction is to be prepared for an eviction before the tenant even takes possession of the property. The best way to prepare is to have a complete process, from application, through the signing of the lease and including the rent collection process. Using a proven method ensures a repeatable result can be attained if an eviction is required.

Tenant Evictions Offered to Landlords With No Lawyer Fees

Rent New Tampa, Inc. now provides evictions for all customers that sign up for the Tenant Placement plus Rent Collection or Property Management services. With these services, the landlord will receive a lawyer drawn lease and will not have to pay for lawyer fees in the event of an eviction. Also, the eviction process will start as soon as the tenant is late, meaning the nonpaying tenant will be removed from the property as quickly as legally possible, minimizing the risk of future expenses.

In the end, it is important to be prepared for the worst case scenario. If dealing with a problem tenant and unsure about how to handle an eviction, consult a professional. The rental home is worth far to much to risk having the process drag out any longer then it needs to.