4 Reasons to Consider Investing in Real Estate

Investing means putting your assets to work so that you can increase your net value, enjoy additional income, have more funds when you retire, or save up for a child’s college tuition. In fact, once you have enough assets, investing is the only logical way of taking care of your growing wealth. However, when making a decision to invest, people usually face a dilemma: “What should I invest in?”

The stock market is likely one of the answers that most readily come to mind. Indeed, investing in stock can yield great returns – but it doesn’t come without its risk. If you are looking for a reasonable alternative to investing in stock – one that would offer comparable or better returns but without the volatility – the real estate market might be a perfect option for you. In this blog, we will consider 4 reasons to consider investing in real estate.

High Tangible Asset Value

The value of some assets will decrease over time. This can be true both of a stock – the market value of a company can drop rapidly and the company’s shares will plummet – but also of concrete things and items like, for example, cars. A house or land, on the other hand, will always have value. In addition, it is likely that a real estate property will steadily gain its value over time. And even though special circumstances or trends on the market can make the value of these assets drop as well, you can protect yourself from heavy losses with homeowner’s insurance.

Better Returns Than the Stock Market

It may seem counterintuitive to think that the real estate market provides better investment returns than the stock market, but this is what the data tells us. Since 2000, the annual returns on investment in the stock market averaged 5.43%, whereas real estate investment earned 10.71% annually. The reasons for higher returns from the real estate market investments are both appreciation (or the rise in value – currently, it averages 3% to 4% annually) and the income generated from renting out the property.

Tax Benefits

There are numerous tax advantages that come with owning a real estate property, especially if you own a rental property. In such case, you can deduct, for example, the interest portion of the payment towards the loan you took to buy the property. You can also deduct operating expenses, insurance, and depreciation. In fact, rental property owners are allowed to take tax deductions for any legitimate cost related to running a rental property.

Rental Yield

Speaking of rental property, the rental yield – or in other words the annual rental income – is yet another financial advantage you gain when you own a real estate property that you decide to rent. Renting out a property is a great way of earning passive income – money that you earn without an active involvement.

Investing in Rental Property? Contact a Landlord’s Advocate

At Atlas Law, you will find a host of experienced, dedicated attorneys who can help you with all the aspects of property management, investment protection, and more. We can also provide advice related to difficult landlord-tenant relationships and represent you in litigation. Contact us today to experience the comprehensive legal care and assistance we offer.

How to Stay Out of Legal Trouble While Evicting a Tenant

When faced with a tenant who repeatedly fails to pay rent or frequently violates the rental agreement in some other way, a landlord may feel the only way to deal with this problem is to evict the tenant. However, the decision to evict a troublesome tenant should not be taken lightly. The eviction process can be long and costly and cause a landlord a lot of stress. In addition, Florida – like other states – has very specific laws that govern the process. By failing to adhere to these laws, a landlord may run the risk of a countersuit and suffer additional financial losses. In this blog, we will discuss 5 things that landlords must absolutely avoid in order to stay out of legal trouble while evicting a tenant in Florida.

Evicting a Tenant for Unlawful Reasons

Eviction may only take place if there are solid reasons for it. These reasons are clearly defined by the law and they include:

  • non-payment of rent or extremely late payments
  • violation of the lease or rental agreement
  • destruction of property
  • disturbing the neighbors in a way which constitutes a breach of peace
  • engaging in unlawful activities on the premises (such as selling drugs)

Trying to evict a tenant on grounds other then these may be considered unlawful and results in nothing more than an unnecessary legal battle with little chance of success. If a landlord isn’t sure if they have a valid reason for eviction, it will be best to contact an eviction lawyer for a consultation.

Trying to Evict by Extralegal Means

Even when there are serious and lawful reasons for eviction, a landlord must refrain from trying to evict a tenant by themselves. They must also avoid any actions aiming to force the tenant out of the premises, whether by the use of physical strength or strategies such as such as changing locks, turning off utilities, or communicating threats. All such actions are unlawful and may result in the tenant filing civil charges against the landlord.

Failure to Deliver the Eviction Notice

For an eviction to be lawful, a landlord must follow all the procedures stipulated by the law. Florida requires a landlord to write an eviction notice and serve it – or in other ways, personally deliver it – to the tenant. After that, the landlord must let a certain amount of time pass before they can proceed with the process.

If the reason for the eviction is a failure to pay rent, the notice period is three or five days, depending on the type of property that is being rented. In the case of a violation of the lease and rental agreement, a landlord must usually give the tenant 7 days to cure, or correct, the violation. If the rent is paid or the violation corrected within the stipulated period, the landlord cannot proceed with the eviction.

It is equally important to note that the notice must contain no errors or mistakes. If some information on the notice is lacking or incorrect, the landlord must fix it, serve the notice again, and wait for the stipulated period to pass before taking the next step in the eviction process.

Violating the Fair Housing Act

According to the Fair Housing Act – a federal anti-discriminatory law that has also been adopted by the state of Florida – it is illegal for a landlord to discriminate against a tenant based on factors such as race, religion, gender, national origin, familial status, and disability. Any eviction action based on such characteristics would be unlawful and invalid.

Forgetting Tenants Can Fight an Eviction

Tenants in Florida have the right to contest the eviction process if they feel their rights have been violated. In order to avoid costly legal proceedings or civil charges, it is usually best for a landlord to consult a lawyer before starting the eviction proceedings.

Atlas Law provides landlords with comprehensive legal assistance and innovative solutions in difficult eviction cases and other landlord/tenant litigation matters. If you are a landlord and are facing challenges related to a troublesome tenant, do not hesitate to contact us. We will schedule a consultation with you in order to understand your circumstances and provide advice with regards to your legal options.

 

Property Owners: How to Ensure You’re In Compliance with the Fair Housing Act

The Fair Housing Act (the “Act”) was introduced in the United States in 1968 to guarantee equal rights to rent or buy a dwelling – such as a house or an apartment – for all. Originally prohibiting housing discrimination or tenant screening on the basis of race, color, religion, and national origin, over the years other groups have gained protection under the Act. Today, it is illegal to refuse to sell or rent a property to any person because of race, color, disability, religion, sex, familial status, or national origin. While the Fair Housing Act is a piece of legislation operating on the federal level, the State of Florida fully adopted it, making it a part of the state law as well.

According to Florida Fair Housing Laws, everyone who applies for a lease agreement or seeks to purchase real estate must be given the same consideration and treated fairly. While some restrictions and requirements on prospective tenants may be legal, landlords and property owners may at times inadvertently engage in actions that are tantamount to discrimination and put them in violation of the fair housing laws. In this article, we explain how to avoid that and ensure compliance with the Fair Housing Act.

Classes Protected Under the Act

As mentioned above, the Fair Housing Act prohibits discrimination on the basis of a prospective tenant’s or property buyer’s race, color, disability, religion, sex, familial status, or national origin. The definition of race, color, religion, and sex are straightforward and do not need further explanation. However, a good understanding of what is meant by disability and familial status can help avoid any potential violation of the Act.

Familial status is defined as “one or more individuals (who have not attained the age of 18 years) being domiciled with a) a parent or another person having legal custody of such individual or individuals; or b) the designee of such parent or other person having such custody, with the written permission of such parent or other person.” What this means in practice is that a refusal to rent or sell a property to a family with children, or to a pregnant woman, simply because they have kids – as well as different treatment of the tenants/buyers based on this factor – may constitute a violation of the Act.

Disability is defined as “a physical or mental impairment which substantially limits one or more major life activities; a record of such an impairment; or being regarded as having such an impairment.” It is important to note that under this definition and its current understanding, the use of, or an addiction to, illegal substances doesn’t constitute a disability.  

Unlawful Actions

Avoiding discrimination of the classes mentioned in the Fair Housing Act means that a landlord or property owner cannot treat their prospective tenants or buyers differently on the basis of the race, color, disability, religion, sex, familial status, or national origin. This may include:

  • refusing to rent or sell a property
  • providing different rental/sale terms, conditions, or privileges
  • advertising indicating preference
  • interfering with a tenant’s enjoyment or exercising their housing rights as well as coercion, intimidation, or threatening

Lawful Requirements

Ensuring compliance with the Fair Housing Act doesn’t mean that landlords and property owners cannot set some requirements for the prospective tenants or buyers. The key here is consistency – the same standards must apply to all potential applicants. Some of the reasonable requirements may include:

  • meeting a minimum credit score
  • meeting a minimum requirement with regard to income and time of employment
  • no criminal record
  • no prior evictions or foreclosures

Of course, the law continues to evolve, and the Act is the source of the recent influx of emotional support animal litigation.  Further, HUD has published opinions regarding the legality of utilizing criminal background checks in tenant screenings. What was once a clear issue has become murky and gray based on HUD’s insistence that these matters be reviewed on a “case-by-case” basis.

Ensure Compliance – Contact a Lawyer

If you are a landlord or property owner in Florida, you need to have a proper and lawful screening process in place for your prospective tenant. A proper screening process may help filter out irresponsible tenants who could jeopardize the status of your property, as well as your finances.

Nevertheless, violating the Fair Housing Act, even inadvertently, can lead to litigation and fines. That is why it is so important to consult an experienced real estate lawyer to ensure that your screening process doesn’t violate any of the aspects of the Act.

Atlas Law is one of the few law firms in the state of Florida that has successfully defended a landlord in a Federal jury trial regarding the removal of an alleged emotional support animal.  If you feel that your screening process needs a review from an attorney or if you are involved in litigation over perceived Fair Housing Act violation, contact us immediately. Call us at 813.241.8269 or reach out to speak with Brian Chase directly at brian@atlaslaw.com.

What You Can and Cannot Use Security Deposits For in Florida

A security deposit is a part of virtually every lease agreement and one of the key requirements for the tenant if they want to rent a unit in your community. It serves as a measure of protection for the landlord’s property in case of unintentional damage on the part of the tenant and thus gives both parties some peace of mind. Florida’s landlord-tenant law precisely describes how security deposits must be handled, so in this post, we will explore what security deposits can and cannot be used for in Florida.

Investments

According to Florida landlord-tenant law, the money from security deposits cannot be freely used or invested. Rather, it must be stored in a bank account or posted as a surety bond. The information about the way the money is stored and other pertaining details must be disclosed to the tenant in writing within 30 days of receiving the deposit. While the landlord may place the money in either an interest or a non-interest bearing account, any interest must be paid back to the tenant either annually or at the end of the lease.

However, if a tenant wrongfully terminates the tenancy, no interest will be due.

Deduction to Cover Nonpayment of Rent

In Florida, a deduction from the security deposit can be made to cover the lost rent. As it is a tenant’s contractual obligation to pay a monthly rent, a failure to pay is considered a breach of lease. This is a sufficient reason to deduct a portion of the security deposit to recover the unpaid rent.

Deduction to Cover Damage to the Property

The security deposit may be kept in part or in full if the tenant caused material damage to the property. The damage, however, must not be due to normal wear and tear.

Deduction to Cover Cleaning Costs

Cleaning costs can only be deducted from the security deposit if the necessary cleaning is excessive and the condition the apartment has been left in is worse than can be reasonably attributed to normal wear and tear.  The overwhelming majority of the time, cleaning costs cannot be deducted from the security deposit.

Deduction to Cover Unpaid Bills

If a tenant is required by the lease agreement to cover the cost of utilities, unpaid bills may justify the landlord keeping the security deposit in part or in full.  You should be sure that your lease specifically requires the tenant to cover utility costs before making any such deduction.

Is Your Claim on Security Deposit Disputed?

If you are a landlord and feel that you have valid, legally justified reasons to keep the security deposit, you must inform your tenant about it in writing. If you do not have a claim for the security deposit and you are returning the deposit to the tenant, you have 15 days to do so, starting from the termination of the lease. If you are going to retain all or a portion of the security deposit, you have 30 days to inform your tenant that you wish to keep all or a portion of the deposit. The tenant has 15 days after receiving your security deposit retention letter to respond to your claim.

If the tenant objects your claim on the security deposit, it is usually best to contact a dedicated Florida eviction attorney to have the circumstances of your case closely reviewed and advised on the options available to you.

Attorney Brian Chase has extensive experience in dealing with landlord/tenant disputes and handles eviction and security deposit cases across all jurisdictions and counties in Florida. Typically, other lawyers in the area will know the laws in just your jurisdiction. We can handle cases no matter where you are in Florida. We offer flat fee evictions, weekly progress updates at no cost, and no coverage counsel. Contact Atlas Law to see why we are called the landlord’s advocate and how we’ll be able to help in your case.

The 4 Essential Elements of a Residential Lease Agreement

A clear, well-written residential lease or rental agreement is often the key to a successful landlord-tenant relationship. A good agreement outlines the rights and duties of both parties which, in turn, provides them with a measure of security and stability. It also helps to avoid sticky misunderstandings and bitter legal disputes.

On the other hand, a poorly written agreement (for example, one that leaves out important details or allows for flexible interpretation of its terms) may actually jeopardize the interests of either the landlord or the tenant. In this blog, we outline the 4 essential elements of a well-written residential lease agreement.

Terms of Tenancy and Personal Details of the Tenants

A lease agreement should clearly specify the beginning and the end of the tenancy. According to Florida law, early lease termination is possible only under specific circumstances. Therefore, your agreement should state the start and finish dates of the lease term (which typically lasts one year).

During this time, the landlord cannot force the tenant to move out (provided there is no breach of the agreement, such as nonpayment) or raise the rent (unless the agreement specifically provides for such change). On the other hand, the tenant is obligated to pay the full rent for the period specified whether or not they continue to occupy the property for the whole term.

An agreement should also mention personal information for all tenants and the limits on the number of occupants. This will protect the rights of the landlord in two ways. First, the landlord may try to evict the tenant if they allow more people to move in without the landlord’s permission. Second, having the names of all the tenants in writing will allow the landlord to seek payment of rent from any one of the other tenants if any one of them is unable to do so.

Security Deposit

The demands for money for the potential damage caused by the tenant are likely to end in bitter, unproductive arguments unless clear terms regarding a security deposit are included in the agreement. The clause relating to such deposits should clearly state its amount (in Florida, this amount is not specified by the law but landlords usually charge the equivalent of one to two month’s rent), its purpose and use, as well as the time and means of returning it to the tenant.

Terms of Landlord’s Access

The landlord should respect the tenant’s right to privacy. That’s why Florida laws require the landlord to give the tenant reasonable notice before entering the property and stipulate that they must do so only at a reasonable time—typically between 7:30 am and 8:00 pm (except in the event of emergencies). Both the landlord and the tenant may wish to further specify the details of how the landlord will exercise its right to enter the property as well as any potential restrictions on this right.

Other Restrictions

The landlord may have other wishes with regard to the use of the property by the tenant. The landlord may specify whether or not the tenant is allowed to have pets or the extent of changes and modifications to the property, including additions, paint colors, and landscaping. The agreement should contain other specific clauses restricting certain kinds of behavior that could disturb other residents and neighbors. It should also explicitly prohibit any illegal activity.

In the Case of a Dispute, Contact the Landlord’s Advocate

Even with the best lease agreement in place, legal disputes between the landlord and the tenant may still arise. If you are facing a legal issue relating to a tenant’s violation of the lease agreement, or a similar one that concerns the landlord-tenant relationship, you should contact a dedicated Florida eviction attorney.

Attorney Brian Chase has extensive experience in dealing with landlord/tenant disputes and handles eviction cases across all jurisdictions and counties in Florida. Contact Atlas Law without delay and see what the best course of action would be in your case.

 

An Easy-to-Understand Guide to Jurisdiction in Eviction Cases

The word “jurisdiction” gets thrown around a lot in just about every legal discussion, but what does it really mean? And, when it comes to eviction cases, why is it important? Here’s a brief but easy to understand guide on the definition of jurisdiction and why it matters in all cases, especially eviction cases.

Overall, jurisdiction is the right of an entity to make laws and judgments for people and corporations living within the control of the entity. In our system of government, there are multiple layers of jurisdictions. For example, starting at one of the lowest levels, a city is a jurisdiction in that the city is allowed to make laws governing the citizens who live within the city. Counties and states are jurisdictions for residents within their boundaries, just like the United States is for all of its citizens.

In legal cases, jurisdiction is extremely important because this will determine what laws are applicable to a particular person, a piece of property, or court action. A familiar example of this is the debate over whether a piece of property is located within the jurisdiction of the city or of the county. If the city has different laws regarding usage of property than the county, it is extremely important to determine in which jurisdiction the property is located so the appropriate law can be applied to the issue.

Eviction cases are an excellent example of where jurisdiction plays a major role in both the expense of bringing the case and the potential outcome. This is because eviction laws are occasionally set by the local governmental entity—that is, either the city or the county in which the property is located. Evictions must be heard in the jurisdiction in which the property is located.

You see where this is going, right? That means that if you have multiple properties across multiple jurisdictions with a legal issue, you cannot consolidate them or have them all heard in one place. And, if that’s not enough, some jurisdictions have some rules for landlord-tenant situations that could be different than a neighboring jurisdiction. For example, one jurisdiction may require mediation prior to entry of a final judgment, while other jurisdictions may allow you to bypass mediation.

Since you cannot clone yourself to attend all of these hearings or learn all of the different laws applicable in the different jurisdictions, you would need to hire multiple lawyers and law firms, (one from each jurisdiction!) to be able to advise you as to that particular jurisdiction’s rules.

It does not have to be this way. Attorney Brian Chase with Atlas Law provides legal services for landlords in all counties in Florida. Atlas Law offers a “one-stop shop” for clients ranging from those with multiple properties in multiple jurisdictions to small clients with one or two properties in one or two jurisdictions. Atlas Law can advise you no matter the jurisdiction within Florida and can provide representation in tenant situations as needed. Contact us today to get started.   

6 Tips for Cost-Effective Property Management

Property can be a great investment and return vehicle, but managing and maintaining the property can also eat up a lot of the profit margin. This does not have to be the case, however, if you know where to look and what to change.

1) Use your utilities wisely. Of course, as a landlord, you are required to provide your tenants with functioning utilities that are consistent and reliable. Within that obligation, however, you can still implement some cost-saving measures such as switching out incandescent lights with LEDs that use less energy and last longer. Consider putting outdoor lights on timers so that they only come on when needed or during dark hours. Look into installing insulation to prevent heat and cold from escaping or getting in, depending on the season. Also, keep an eye on your bills and make sure you are actually using all that you are being charged for.

2) Outsource when possible. Outsourcing is a fancy way of saying you’re hiring someone else to handle the problem. While this measure involves spending money, the savings in the long run may very well justify the move. For example, outsourcing tenant calls or service complaints, or billing to a property management company can free up your time for other duties or problems that need attention.

3) Maximize your taxes. A tax specialist may be a very wise investment with a large return in tax savings. Even just having a review of your property tax situation can mean a reduction in your overall tax burden.

4) Give your tenants incentive to stay. Changes in tenants are a giant hassle not only in costs associated with preparing the apartment for the next tenant, but in screening and finding new tenants. Then, there is the lost income if the apartment remains unrented for more than a month. If possible, have tenants sign onto extended leases or at least give them incentives to stay longer as the less turnover there is, the less cost there will be for you.

5) Scrutinize your bills and try to renegotiate if possible. Always be aware of what services or goods associated with your properties you are paying for. If you feel that a service or commodity has become overpriced, you may have some leverage with the vendor to negotiate a new and better rate. Most vendors will be happy to negotiate rather than lose a customer altogether.

6) Consider long-term cost-saving investments. Going green is great for the environment, but if done right, it can also mean substantial long-term savings for you as well. Solar panels, solar-powered hot water heaters, and solar-powered lights can all help to reduce electricity costs. You may even be able to get tax rebates for using solar power.

One of the easiest and least stressful methods of cost saving is to have a qualified, experienced, and knowledgeable attorney assisting you in the management of your property. Attorney Brian Chase is uniquely suited to provide these services to landlords and property managers all over Florida. Contact us today to get started.    

Avoid Evictions by Vetting Tenants: 5 Steps to Reduce Evictions

A great way to avoid evictions is to do some work on the front end to secure quality tenants who will pay on time and not destroy your property. This is not as daunting of a task as it might seem, however. It just requires that you take some time to outline and prioritize in the beginning and then put a screening process in place.

1) Require an application from your prospective tenant. At a minimum, a rental application will give you information about your tenant, including the name of their employer, salary, prior landlord, and reason for leaving (if applicable), and the names of any other occupants who might be inhabiting the premises. You can ask if they have ever filed for bankruptcy or have criminal convictions. You can also find out if they have pets, what kinds, and sizes.

2) Insist on a “no blanks” policy. One easy way to screen prospective tenants is to require that they complete all portions of the application. Of course, it should be clearly indicated on the application that all blanks must be completed or the application will not be considered. Provided the prospective tenant knows this, if they leave any portion of the application blank, you are free to discard the application.

3) Run a background check – but get consent first! As a landlord, you are allowed to run a background check on a prospective tenant to confirm what they have told you and to ensure that there are no surprises such as convictions or bankruptcies that they may have conveniently forgotten to include. In Florida, however, you cannot run a background check on an applicant unless they consent to the background check first. The best way to do this is to include a provision in the rental application indicating that a background check may be run and to have the applicant sign to give their consent. This consent should also cover credit report checks since a regular background check may not cover credit reporting agencies.

4) Charge an application fee. Florida law allows you to charge an application fee and does not limit the amount that can be charged. However, the conventional wisdom is to only charge a fee that would be no more than a normal expense. Normally, the application fee is non-refundable presumably because you will be using at least some of the money to run the background checks. You can make the fee refundable if you would like, but if you do make it non-refundable, make sure that this is stated clearly in the rental application. Also note that application fees and deposits cannot be commingled in one account. They must be kept separate.

5) Be consistent and unbiased. Your screening process, including the rental application, and application of your requirements for acceptable tenants should be applied consistently and fairly to all prospective tenants. The federal Fair Housing Act mandates that there should be no questions or screening criteria that discriminate on the basis of race, color, national origin, gender, disability, religion, and children. Do not make exceptions to your rules for prospective tenants. If you require tenants to have a 600 or higher credit score, then keep to that requirement. You get into trouble when you apply your rules unevenly.

Screening tenants, preparing rental agreements, and running background checks can be time-consuming especially for landlords with multiple properties, or who have other primary occupations. If you are a landlord and want to have your tenant screening done right, including a well-crafted rental agreement and selection criteria, contact Atlas Law. We can help draft your standard rental agreement, determine appropriate criteria for tenants, and assist with overall screening. Contact us today to get started.

Where to Start with the Eviction Process

As a landlord, the process of removing a tenant from your property (aka eviction) is governed by numerous rules and regulations which are designed to protect the tenant from being improperly evicted as well as the right of the landlord to lawfully remove tenants. The burden in the eviction process, however, is on the landlord and so it is critical to understand how the process works.

1) Are there proper grounds for evicting the tenant? Failure to pay rent is a prime example of a legitimate ground for eviction. Other grounds include where a person who is not listed on the rental agreement is found to be living on the premises, violation of the no-pets policy if there is one, and the tenant(s) are engaging in certain crimes such as selling drugs that threaten the living environment of other tenants. Improper grounds for eviction include evicting the tenant because they reported problems with the leased premises, and as a result, the tenant withholds payment due to identified and legitimate problems with the premises. Of course, eviction on the grounds of gender, race, religion, or disability, and other protected characteristics is absolutely prohibited.

2) Ensure that you as the landlord are in compliance. If there are code violations or other problems with the property, and those problems especially impact the tenant you are seeking to evict, it is best to get the code violations and other problems fixed prior to instigating the eviction. In some cases, the tenant’s failure to pay rent is directly due to the code violations or significant problems such as lack of heat or water. A landlord who attempts to evict on the grounds of non-payment who then turns out to be violating their own obligations under the lease will not likely get the relief they are seeking. Ensure that there are no grounds for the tenant to argue back that the eviction is improper due to the living conditions you are providing.

3) Let the tenant know there is a problem. Documentation is a big part of any eviction process, including that the violation occurred and that the tenant was notified of the problem. It is entirely possible to resolve the situation before the eviction process even gets started by notifying the tenant of the problem and giving them an opportunity to fix it. In fact, your lease may require that you give this notice and opportunity to cure the problem before escalating the matter to the court system. In the letter, identify the problem, point out the specific provision of the lease that is being violated, and give the tenant a certain amount of time to fix the problem. Send the letter via certified mail return receipt requested to be able to prove later on that the tenant received the letter, especially if nothing happens or is fixed in the time period given.

4) Consider meeting with an attorney who practices in the area of tenant law. Before heading into the eviction process, you should bring your concerns to an attorney who is well-versed in tenant law and evictions. An eviction attorney can review your documentation, your lease, and your evidence to determine if there are any potential problems or hindrances to a smooth eviction process.

Attorney Brian Chase has the extensive experience and knowledge of Florida landlord/tenant law that can cut landlords’ costs and court time. If you are looking to evict a tenant, contact Brian Chase for a consultation to learn your rights and responsibilities. Let’s make sure that you have all that you need to ensure a smooth eviction. We handle cases all over the state of Florida.

Dot Your “i’s” and Cross Your “t’s”: Why It’s Critical to Get the Details Right During an Eviction

Just about any proceeding using a specific detailed law requires exact compliance with the letter of the law for it to work correctly. Like following complicated instructions for assembling furniture, if you miss one step, the end result is destined for failure. Evictions in Florida are no different and are a veritable minefield for the unwary. Here’s why.

1) The process can become very long and involved. Tenants have access to instant information on proper eviction procedure and many are very capable of pushing back against your attempt to evict them. Blunders in the notice, dates, and other details are open doors to having an eviction thrown out, meaning you will have to start all over again. Indeed, just about any error in the process used by the landlord to evict the tenant can be grounds for having the eviction process declared invalid and the landlord will need to start the entire process, including wait times, all over again.

2) The overall cost will go up. Again, more time equals more money, especially if you are forced to start over, even in situations of non-payment. And, during the time that you are having to start over, the tenant will continue to be able to live in the unit. If a landlord partakes in so-called “self-help” tactics to force an eviction, such as changing locks or shutting off utilities, this becomes even more expensive in the form of damages to the tenant in the amount of three months’ rent.  

3) Other issues can become major problems. If you start an eviction and it turns out that the tenant has been complaining in writing to you about sub-standard maintenance of the property, your attempt to evict the tenant for non-payment or other violation may not hold much water. This is because the landlord owes a duty to a tenant to make the premises habitable, and if they are unable or unwilling to fulfill that duty and the tenant withholds rent payments as a result (and notifies the landlord of the problems in writing), then the tenant will likely be declared the winner. The moral of this story is to ensure that there are no other problems lurking in the background before you begin eviction proceedings that can give a tenant the necessary standing to push back on the eviction, and potentially win.

4) Lawyers will need to be more involved. The best way to handle evictions from the start is to have legal counsel who is very familiar with the requirements of eviction in Florida advising and assisting you at every step of the process. If you don’t get a lawyer involved until the eviction has been rejected, the attorney will have that much larger of a problem to fix, which will take more time and, yes, more money.

The best way to save yourself time and money is to have qualified, experienced, and knowledgeable counsel assisting you every step of the way. Brian Chase can be that attorney who can either handle the entire process for you, assist you, or advise you on your options and the steps you need to take. Contact him today and get started.