If there are no legitimate defenses to the eviction action, the eviction procedure takes roughly 15 days on average. An eviction happens when a tenant has materially broken the conditions of the tenancy or has refused to leave after the rental agreement has expired. Most tenants can avoid an eviction by paying their rent on time. In some cases, a landlord may be willing to accept late payments if you have a good reason for being several days behind on your rent.
In Florida, there is no standard period of time that must pass before someone can be considered legally homeless. However, the Florida Housing Association says that most people can stay in their homes for at least three months before they become homeless. After three months, the only option available to the tenant would be to move into emergency shelter or another form of housing such as foster care or group home placement.
People often think that if they miss one payment they will be kicked out immediately. This is not always the case. Some landlords may be willing to work with you if you are having trouble making your rent payment. They may offer you more time to pay or change the method of payment so you do not have to skip any.
If you fail to pay rent three times in a year, you will be classified as "at risk" of losing your housing. At this point, your landlord can start proceedings to have you removed from the property.
In general, the eviction procedure can take anything from two weeks in the quickest states to three (or even more) months in states where the process must go through many more phases. During this time, your tenant is free to stay in the property as long as they are not being evicted for cause such as non-payment of rent or criminal behavior. When can I expect my tenant to leave? If you give your tenant 30 days notice, they will have until then to move out.
In some cases, such as when the tenant has violated a material term of their lease agreement or if they have been convicted of a crime related to their tenancy, the landlord may be given the authority to enter and remove them immediately. In other words, there are times when the sheriff will show up at your door and throw someone out. This usually happens when the tenant is in violation of their lease agreement and has been given notice to leave but has not done so yet. The sheriff may also evict a tenant who has been convicted of a crime related to their tenancy, such as burglary or drug possession. In this case, the court system will determine how much late payment or legal defense fees the tenant is required to pay before they are allowed to return. If they do not have the money, they will be forced to find another place to live.
If the renter does not comply, eviction is imminent. Similarly, if a renter fails to pay rent, they are usually given significantly fewer than thirty days to pay or vacate the premises. In most situations, the duration is closer to three to five days. However, if the landlord chooses to file for an eviction, it can be extended for up to sixty days.
Eviction proceedings are typically filed with the court system and must be resolved through legal channels. If you feel that you are being unfairly evicted by your landlord, contact a local real estate law firm who may be able to help. Evictions can be complicated issues that require experienced counsel to resolve effectively.
In conclusion, if you don't pay your rent, you will be evicted. But if you don't have to pay your rent, you will be evicted anyway. It's as simple as that. So do what you need to do to keep from getting kicked out. It might not be easy, but it is possible.
So, how long does it take to evict a renter, and how can you plan for something that has no clear time frame? The answer depends on how long the tenant stays in violation and what type of lease you have with him or her.
If the tenant stays in violation for less than 30 days, you can simply give him or her notice to leave. When you send the notice, be sure to state the reason for the eviction as well as the date by which the tenant must leave. If the tenant doesn't leave by the date specified in the notice, then you can file for eviction later. However, if the tenant breaks another law while still on the property, files false claims against you, or causes other damage, you may need to file for eviction immediately. In this case, you should include a statement in the notice indicating that the earlier date is now invalid and setting forth a new date by which the tenant must leave.
If the tenant stays in violation for more than 30 days but less than six months, you first have the right to terminate the lease with proper notice. For example, you could notify the tenant that he or she has one week to leave or face legal action. If the tenant doesn't leave by this date, you can begin the process of filing for eviction.
If you do not comply with the eviction notice before the end of the notice period, your landlord may go to court and file the appropriate documents to start the eviction litigation against you. It might take anything from a week to months, depending on how busy the courts are, before a sheriff is ordered to evict you on a certain date. During this time, the sheriff's office will be looking for you anywhere within the county where there may be an opportunity to find you.
In most cases, you can avoid being served with a formal complaint by paying the rent into a bank account that the rental company has agreed to accept. You should ask for a receipt when you make the deposit so you have proof of payment if need be. If you don't pay into the correct account, the rental company cannot serve you with legal papers through their employees or agents.
In some cases, you can also avoid being served with a formal complaint if you contact the rental company directly and tell them you want to withdraw from the lease before it expires. Most companies will work with you to remove you from the lease agreement without charging any fees. However, there are times when they will try to get money even after you have told them you no longer want to be part of the lease agreement.
In other cases, you will be served with a formal complaint and then have another month to comply with the order before you would be considered out of compliance and forced out.