Talk of The Villages Florida - View Single Post - Eviction of long term renter
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Old 12-20-2016, 04:29 PM
valuemkt valuemkt is offline
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Default link to Evictions Process - http://www.sumterclerk.com/index.cfm/evictions

I just read through this .. It doesn't really seem that difficult. It's water over the bridge now, but hopefully you had them under a pretty strong lease to start, and formally renewed that lease every year.. Regardless, you should have a paper trail of deposits up until the time they stopped paying.. ( I send a formal email on the 16th of the month indicating they are late.. ) You must have some documentation whereby you have an established monthly rent, and established agreement when payment is due.

The Sumter website then gives you the five step process (It would probably be a good idea to purchase the "kit" of legal forms that you need for each step.

The first one is easy .. it's a notice to the tenant to pay or quit .. Meaning to pay or vacate the premises. It is done via "Tack and Mail". When you start this process, there really should no longer be any verbal communication with the tenant.. no more listening to tales of woe.. AND ABSOLUTELY DO NOT ACCEPT ANY PARTIAL PAYMENT. That is a guarantee for your misery to go on forever. Tack and mail also means you do not have to hand the envelope containing the notice to anyone. you literally just can scotch tape it the the front door... putting it in the mailbox is NOT acceptable. (in the really old days it was literally tacked into the wooden door). There's nothiing wrong with also US mailing and emailing a copy of same, but the only thing that counts is the one on the door..

Then after that, you follow the bouncing ball and proceed with each step..Youo really shouldnt need an attorney (unless the tenant hires one - unlikely, unless you havent lived up to your obligations as a landlord).. shouldnt need the sheriff (process server will do), until the tenant ignores the writ of possession. Then after all of the time periods have passed, you need the sheriff to grant you safe entry (to your house), to have you .. and your hired crew, to remove all of the tenants possessions from the property .. At this time, you can also change the locks etc etc.

It appears that in Florida, you may have to enter a separate motion to get a judgement against the tenant for all past due rent, late fees, court costs in doing the above etc ...that isnt any more difficult. Then once you have the judgement, the fun of collecting on the judgement (via wage garnishment, property seizure etc) starts.. Oftentimes helps, but not required, to have words in your lease regarding wht happens in the event of default ..

Hope this helps .. Don't get overwhelmed or intimidated .. your house, your money .. skip a couple of golf games and get them back ..