What do I do to throw out the deadbea...

What do I do to throw out the deadbeat tenant?

There are 18 comments on the Orlando Sentinel story from Jun 30, 2008, titled What do I do to throw out the deadbeat tenant?. In it, Orlando Sentinel reports that:

Q I live in Seminole County and own a rental property in Orange County. My tenant has not paid rent for several months.

Join the discussion below, or Read more at Orlando Sentinel.

Jay

Plano, TX

#1 Jul 1, 2008
Now that you did an article on deadbeat tenants, would you like to do a story on what to do with a deadbeat landlord?

I have one I'm taking to court.
PDL

United States

#2 Jul 2, 2008
To take a dead beat tenent out of your property, you need to follow the Florida Statutes.
1. Notify in writing that he has 3 days to py plus any late charges.
2. If he doesn't pay notify he that he has 3 days to vacate.
3. If he doesn't vacate, go to the Clerk of the courts and get an eviction notice filed. File one for each person living there , known or unknown.
I usually do 2 unknowns.
Serve it to your tenent personally or leave it taped to the front door. Note what you did.
Never give it to a minor.
You don't need a lawyer if you own the rental.
Usually this get them out.
4.They have a certain time to respond to your eviction.
5. If they don't respond, file a motion to default.
6. File for a "writ of possession".
The sheriff has to deliver this and to any one who is in the house. They then have 24 hours to get out with or without there possessions.
7. The sheriff has to enter the house first with a lock smith and clear it from anyone inside.
8. Any possessions left inside can go to the road, after that its not your problem if the possessions get burned, run over, stolen, etc.
It's lots of work.
An attorney will charge anywhere from 500.00 to 3000.00 to do this.
Always follow the Landlord -Tenent laws and get a copy of such.
You don't have many rights but the ones you do have are strong ones.
PDL

United States

#3 Jul 2, 2008
Same goes for the tenent Jay.
The Landlord has the right to enter your house with 24 hours notice you being there or not.
The Landlord can't take the eviction of the tenent in his own hands.
This means he can't shut off utilities. Change locks , take doors off etc.
He can come in your house without warning if the house is in emminent danger of being damaged in any way.
You can't change locks without landlord getting copies of the keys.
Your rights start at the front door as if you owned the rental and end at the back door.
Landlord can go on the property grounds anytime he so chooses.
He also has to give a 24 hour notice to inspect the inside and a 7 day notice to correct.
Tenent has to do the same.
Everything has to be written down.
Tenent can not withhold any rents unless he has grounds. An unsafe condition etc.
Tenent has to give WRITTEN notice for Landlord to correct first to be able to withhold rent AFTER failure to correct.
This is all in the Hand book that is online and in the Florida Statutes.
Been there done that

United States

#4 Sep 13, 2008
Jay wrote:
Now that you did an article on deadbeat tenants, would you like to do a story on what to do with a deadbeat landlord?
I have one I'm taking to court.
PDL gave you bad advice, the three day notice can only claim for the rent owed,h it cannot include anything else, such as late charges. It must state how the notice was served and who served it, it must include an address where the rent should be mailed to.It must show the date and time that it was served. You can serve it yourself, keep one copy for you records which shows date time and who served it, In my case I serve my wife's three day notices and I sign as "Agent for the Landlord" Three days notice does not include the day it is served or weekends or legal holidays, so if you seved it on a Friday assuming no legal holidays the expiration would midnight on the following Wednesday. The tenant does not have to be served personally if they are not at the property then you can serve by taping it to the door, the notice then must state how you served it.

Do not use a three day notice that you download from the internet! Get one from an attorney. If the notice is Flawed, gthe tanant can get an attorney to file a defense and he will win and you will get hit for fees that could be as much as $2000. Trust me I learned the hard way.and on top of that the tenant gets to stay there longer. Simple rule, use a correct three day notice, file immediately they are one day beyond the grace period, do not accept anything less than the full amount mowed if you do it will be deemed that is accepted as payment in full, and pay the six hundred it would cost for an attorney, it will be cheaper in the long run.
Conservative Republican

Cocoa, FL

#5 Sep 14, 2008
Try using a 9mm. I'm sure the tenant will get the message and leave on his/her own accord. If not,...oh well!
jay

Hudson, FL

#6 Oct 9, 2008
why are there people out there that do own up to their responsibilities? I rented a home to some real losers about three months ago. They signed an express eviction agreement if they did not pay in full on the 1st of each month. They also signed a non binding arbitration agreement holding me harmless for any and all things while occupying my property. They are habitually late with their payments and I wish they would just move out! I am so ready to throw them and their shitty furniture out on the front lawn. They suck!
jay

Hudson, FL

#7 Oct 9, 2008
Why do people like you exist? You always want something for nothing and then complain about everything. Why don't you go buy your own house you freak and loser!
b king

Austin, TX

#8 Dec 4, 2008
please use abouttenants.com , a FREE site for reporting deadbeats.

good luck trying to evict a tenant in bay county,fl. the paper work is not complicated, but the county clerks and judge welch are slow as molasses and a real joke.

i served the tenant with a 3 day notice to quit on Nov, 10, filed a complaint for eviction on Nov. 17. it is now Dec. 04, I'm out $300 in filing fees, plus $1,400. for Nov. rent. and i'm still waiting for judge welch to make a decision.

I still have to file a clerk's motion for default, pay the sheriff's office $70.00 to deliver notice, wait 24 hrs., pay a locksmith $80.00 to change the locks so the deputy can clear the property, then i get the new key to my old house.

i fear i will be dead before i get posession of my property back.
Sonny

New York, NY

#9 Dec 5, 2008
NoPayTenants.com is for deadbeat renters. All rental property owners need to checkout http://www.nopaytenants.com and post their deadbeat renters. When renters find out their name is on that database they quickly want to pay-up. Also, it helps other landlords from getting burned and you can check if any renter has a record.
PDL

United States

#10 Dec 6, 2008
I am right and I've done it 3 times in the last year.
If it's not for rent you have to give your tenent 24 hour notice to inspect then 7 days notice to correct any problems or vacate the property.
The tenent also has that same right against the landlord.
Chapter 83 of Florida statutes tell exactly how to remove tenents but they have rights under Chapter 83 also.
Follow it to the letter.
PDL

United States

#11 Dec 6, 2008
Jay, what you had your tenents do was illegal.
You can't go against the statutes or you might be liable for tenents rent for up to 6 months.
Its like pulling the front door off the house, very illegal
PDL

United States

#12 Dec 6, 2008
PDL

United States

#13 Dec 6, 2008
b king
File the default asap. It will get them out asap if they don't respond with back rent it's automatic
scott

San Angelo, TX

#14 Jun 10, 2009
wow dude, several months? i woulda dragged her out by her hair already and thrown her stuff out. get sum cajones bro.
Lance Renoldi

Las Vegas, NV

#15 Nov 6, 2009
I heard of a guy in Jacksinville who had a deadbeat tenant that didn't pay..Period...No excuse why..Just didn't want too..

The guy had no lease and was a month to month..His laywer told him he had to post a 3 day notice on his door..

What he did instead was post a NO TRESSPASSING SIGN on the door.
Then called the police ..

I don't know if it's true or not.
But the police came..

The end result..

The tenant got in trouble for the trespass..
but they also got him for TRESSPASS-BURLGARY
-
Does anybody think thats a true story.??
Barb

Clermont, FL

#17 May 15, 2013
what if it is just someone you let stay in your home? no lease. He didn't pay for 3 months then gave me $250 twice a month for the last 2 months. he ordered 29 porn movies! Then denied it. I finally got him to fess up! Cable in my name so I have to pay. I said he stole from me and I told him to get out then and there. He says his friends told him he had 10 days. Lake County FL Please someone tell me what is what! I don't want this to change the kind of person I am!
Barb

Clermont, FL

#18 May 15, 2013
One more detail. he paid cash, no rcpt and I didn't deposit it in the bank. Thanks to anyone who can help.
guest

United States

#19 May 27, 2013
if its insured...burn it down..that will get rid of the cockroaches and you will be paid by your insurance.

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