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-   The Villages, Florida, General Discussion (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/)
-   -   Eviction of long term renter (https://www.talkofthevillages.com/forums/villages-florida-general-discussion-73/eviction-long-term-renter-223037/)

don t 12-20-2016 10:55 AM

Eviction of long term renter
 
Does anyone know of procedure to evict long term tenants in Sumpter Co? How delinquent in payments must they be? etc.

Bogie Shooter 12-20-2016 11:43 AM

Call the Sheriffs department.

Chatbrat 12-20-2016 12:29 PM

Get ready for major rebuild if the renter is a nut

finallyavillager 12-20-2016 12:34 PM

Go to online Sumter County Clerk of Courts. Will outline procedure. State law must be followed. Not easy. Good luck

Mleeja 12-20-2016 01:28 PM

Good advice so far. I've watched enough Judge Judy to know if you do not follow the law exactly, you are screwed!

The Mountaineer 12-20-2016 03:25 PM

Quote:

Originally Posted by Mleeja (Post 1336183)
Good advice so far. I've watched enough Judge Judy to know if you do not follow the law exactly, you are screwed!

Judge Judy also teaches us to get everything in writing. Eviction notice. Specific dates. Legal reasons.

valuemkt 12-20-2016 04:29 PM

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 ..

jnieman 12-20-2016 05:22 PM

Quote:

Originally Posted by The Mountaineer (Post 1336225)
Judge Judy also teaches us to get everything in writing. Eviction notice. Specific dates. Legal reasons.

Take lots of before and after photos too!

dirtbanker 12-21-2016 07:17 AM

Quote:

Originally Posted by valuemkt (Post 1336250)
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 ..

:thumbup: Good post

Bay Kid 12-21-2016 08:44 AM

I once had to start remodeling to get a tenant out. Legally it will take a long time. I gave them notice of a start date and on that date my contractor started by removing the old windows and doors. Gone that night.

jchase 12-21-2016 09:09 AM

Turn their hot water tank off and shut their water off, they'll leave!

phairmason 12-21-2016 10:20 AM

Quote:

Originally Posted by jchase (Post 1336427)
Turn their hot water tank off and shut their water off, they'll leave!

That'll get you on Judge Judy. Do it right. Do it legally. This scenario is one of the many reasons why good property management people are worth every penny of their pay.


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