[don t]

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

[Bogie Shooter]

Call the Sheriffs department.

[Chatbrat]

Get ready for major rebuild if the renter is a nut

[finallyavillager]

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

[Mleeja]

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]

Originally Posted by Mleeja

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]

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]

Originally Posted by The Mountaineer

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]

Originally Posted by valuemkt

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 ..

Good post

[Bay Kid]

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]

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

[phairmason]

Originally Posted by jchase

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.