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How to Regain Possession of your Property


I want to you about some landlord issues today. I know that there are a lot of them. Specifically, I would like to talk about evictions. Evictions are governed by Florida Statutes,
Chapter 83. Evictions occur usually in two situations. The first is when the tenant has not paid
rent to the landlord. In that case, the landlord can evict the tenant
for non-payment of rent. The other issue that usually comes up is when
the tenant has violated what’s called a non-monetary violation of the lease. That can be anywhere from the tenant not owning
the appropriate type of rental insurance on the property, especially when that is specifically
included in the lease, or if the tenant makes modifications to the property. Whether the tenant paints the walls a different
color or removes some of the cabinets in the kitchen, these are all things that can be
potential non-monetary violations of the lease. Especially if the lease specifies that the
tenant is not allowed to make any material changes to the property. So those are the two cases when tenants are
usually going to be evicted from the property. That means that a landlord does need to file
a Complaint in the County Court for eviction and does need to go through the formal process
of going in front of a judge requesting a judgment and, eventually, requesting that
the sheriff remove any of the tenants from the property. I highly suggest you get an attorney to help
you with this process, as there can be many intricacies to the process and attorneys know
how to maneuver and can get the process done [faster] than you can do it yourself. That usually saves you time and money in terms
of turning the property over and having a new paying tenant [move] into the property. Unlawful detainer actions are appropriate
when someone is residing in your home, who at one time had permission to be there. Whether they are a child who has now turned
18, 22 or 30 and the parents no longer want to pay for the room and board
or if you’ve allowed a friend to come into your house to stay over for just a few nights,
which turns into a couple of weeks, which can turn into a couple of months
and now they’re refusing to leave. In those situations, because there is no lease
between the parties, and because the tenant is not paying any monthly rent or any monthly
amount, an unlawful detainer action is appropriate instead of an eviction. Now, these are some legal nuances that I highly
suggest you contact an attorney if you have questions about. They can walk you through the process and
my firm is always happy to assist. Both evictions and unlawful detainer actions
are entitled to summary proceedings. That means that the defendant or tenant only
has five (5) days to respond to the Complaint. Most complaints give defendants 20 days to
respond. So shortening that timeline to five (5) days
really helps smooth out this process and it helps tenants and owners regain possession
of their properties without having to wait many months.

Glenn Chapman

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