The question is: are you going to evict your tenant through a lease, a provision in the rental agreement or is the evicted tenant going to be forced out by a judge? Once an eviction notice has been served and the tenant has failed to vacate the property within the specified time frame, a court order has been issued for the eviction. Let’s talk about the types of eviction notice forms used when the tenant is evicted and how they can be utilized to cover every situation.
Tenants have no say in the matter. However, a landlord cannot just go and take their tenants’ belongings at any time. For this reason, a common practice is to use the legal process of a rent hold on the tenant. This is usually established after the completion of a two-month period that most landlords would consider the waiting period.
After the two month period has passed, the tenant will be considered as being in default of the lease or rent and the court will issue a warrant for his or her arrest. After the warrant has been issued and the tenant fails to show up for his or her arraignment in court, the sheriff will serve the warrant for the tenant’s arrest. In this instance, the tenant will have two days to vacate the premises or face a court ordered eviction.
While there is a possibility that the tenant may still end up in court, there is also a possibility that the tenant may choose to avoid the process of a rent hold on their credit. They can make the decision to leave for good. This can be done through a variety of different methods such as the state of Florida laws that allow tenants to apply for a deed in lieu of eviction.
The common method used is to obtain a deed in lieu of eviction by proving that they no longer have the financial means to pay their monthly payments. Another method is to reach an agreement with the landlord to purchase the property for the tenant to move out of. This can be done by notifying the landlord that they are moving out on their own terms, allowing the former owner to then negotiate with the new owner for a fair price.
It is important to always read the lease when you sign it. This includes signing the back of the lease. It is also recommended that you read the terms and conditions for the lease before signing it. By doing this, the landlord or management company will have no reason to evict you from your property should you be unable to afford the monthly payments of the lease.
Evictions can take place at any time. Some landlords simply want to get rid of tenants that do not pay the rent on time, while others use the process to collect past due and late charges from their tenants. Either way, the paperwork and procedures are very detailed, so it is recommended that everyone involved understands what is taking place.
Most tenants that are unable to pay the rent are able to find new apartments within a couple of weeks of being evicted. This is usually with help from an agency that can help them apply for and receive a temporary lease. If you are seeking a tenant for your property, you will need to follow the eviction process just like any other tenant would.
