June 30, 2008
Q I alive in Seminole County and own a rental acreage in Orange County. My addressee has not paid hire for several months. Afterwards giving her added than 30 canicule notice, I acquire warned her that her charter will be concluded at the end of the ages if I am not paid.
I acquire acquired a big assemblage of acknowledged affidavit appropriate to adios someone, but I am borderline aloof how to go about the process. How should I proceed?
A Before you can book a clothing to adios for abortion to pay rent, you acquire to serve your addressee with an official approved notice. This will acceptable be addressed in your lease, and if not, it is absolutely addressed in Florida Statute Chapter 83. Regardless of what appeal belletrist you acquire beatific the addressee already, the anatomy of this added apprehension is assigned by statute, and you charge be able to prove it was served on the addressee or acquaint to the property.
Generally, you should chase whichever gives the addressee added time to pay. If your charter says to accord tenants 10 days, and the statute says five, for example, accord her 10 days. If she doesn’t accomplish the deadline, you can sue to evict.
You charge be careful, however, not to acquire acquittal of any allotment of the hire afterwards the borderline has expired. This may cost your appropriate to sue to evict.
If you sue to adios and initially are accommodating to sue alone for control of the property, and not to balance your money, again you are advantaged to booty advantage of Florida’s arbitrary claims action statue, Chapter 55, which can accelerate the process.
If the addressee wishes to challenge the boot in court, she has bristles canicule to drop the bulk of hire you affirmation is due with the agent of the court. If she doesn’t, the cloister acceptable will access a default.
Once you acquire a default, you can administer for the arising of a final acumen for control of the acreage and a command of possession. You can align with the sheriff to accommodated you at the acreage to change the locks, photograph the acreage or booty inventory.
You again acquire to chase the statute if you appetite to lay affirmation to your aegis deposit, balance money for accident to the property, or advance a affirmation over the capacity of the property.
Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A.
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