Many property owners are familiar with evictions but not the process it takes here in the State of Florida. If you ever come across the issue of late or failed rent payments, you may have to proceed with the eviction process. The first step in this process is a 3-day notice.
Late rent payments are one of the major issues some rental property owners may face in the rental process. Like many things in life, investing in and renting out your rental property can be a risk. However, if executed properly and professionally, the rental process is a highly prosperous endeavor. In this blog post we’ll explore popular questions about the eviction process and 3-day notices.
3-Day Notice in Florida
When a tenant fails to pay rent on time, a landlord must take action. If no action is taken, the tenant may feel paying rent on time is unnecessary which may lead to a continuous cycle of failed or late rent payments.
The first step you will need to take if your tenant has not paid rent is to post a 3-Day Notice. A 3-day notice is a written notice that informs your tenant of the need to pay rent or vacate the property. This notice gives the tenant three days to do so, excluding Saturdays, Sundays, and court-observed Holidays. A 3-day notice is the first step in trying to receive/accept rent.
The 3-day notice states that if the tenant does not pay rent within 3 days of receiving the notice, they must vacate the property. In other words, the tenant has two options: pay the rent or move out.
When is Rent Considered Late in Florida?
Each property management company or landlord will consider rent late according to their specific lease agreement. Check the terms and due dates specified in your Florida Lease Agreement. Your lease agreement should clearly specify when rent is due and when rent is considered late.
Generally, Florida rental property owners and property managers implement a grace period of 1-5 days. For example, some landlords or property management companies will consider rent late 3 days after the due date.
What to do if your tenant doesn’t pay or vacate?
After a 3-day notice is issued, there is a possibility that your tenant still doesn’t submit their rent payment and refuses to vacate the property. In this case, you may want to start the eviction process in Florida.
How to File an Eviction in Florida?
After issuing the 3-day notice, the next step in the process is to file an eviction lawsuit. You can file an eviction lawsuit with your county’s clerk office.
The information you will need to provide includes the name(s) of the tenant(s), the property address, the reason for eviction, and proof of the 3-day notice issued to the tenant.
Difference Between 3-day Notice and 7-day Unconditional Quit Notice
Although a 3-day notice is issued in correlation with failed or late rent payments, there are other reasons for a property manager or owner to begin eviction proceedings. When the need for eviction arises from reasons other than rent payments, a 7-day unconditional quit notice may be issued.
A 7-day unconditional quit notice is similar to a 3-day notice in that it gives the tenant a period of time to remedy the issue. Reasons for a 7-day notice include any lease violation other than monetary payments. These violations can include, but are not limited to:
- Subletting illegally
- Unauthorized pets
- Damage or unauthorized change to the property
- Health and safety violations.
How Long Does the Eviction Process Take in Florida?
There are two common misconceptions about the length of time the eviction process takes. Some people may believe that the process is complete within a matter of days, and others may believe that the process takes months or even years.
However, the Florida eviction process typically takes three to four weeks, not months, or days.
A tenant is not automatically removed from the property as soon as the eviction is filed. With any other court proceeding, proper investigation must be executed and proof must be found. An eviction does not rely on a property owner or manager’s belief that the tenant should be evicted; it relies on the proof that the tenant did indeed violate the lease agreement.
A tenant can also contest, or fight, the eviction. After the notice is delivered, the tenant has five days to do so. In this case, the eviction process will take longer than it would if there were no objections.
Received a 3-Day Notice?
If you received a 3-day notice to pay or vacate the premises, it is essential that you take immediate action to remedy the situation. You cannot ignore a 3-day notice – it will not go away and you cannot get around it.
You have two options to proceed without being evicted from the property. You can either pay the amount of money you owe, or vacate the property. We recommend solving the issue as soon as you receive the notice to avoid further conflict and eviction.
Why is Tenant Screening Important?
As experienced Orlando property managers, we’re here to tell you that screening your tenants is one of the most important steps to take in the property management process. Although it may be enticing, you don’t want to immediately accept the first person that shows interest in your property. Property Management Companies in Orlando conduct thorough tenant screening to ensure long-term rental success.
Tenant screening should be an extensive process that evaluates your tenants rental history, financial history, and background. These processes should include:
- Credit history
- Debt to income ratio
- Nationwide eviction search
- Background check
- Income and employment verification
- Previous two years rental verification
In regards to paying rent on time, it is extremely important that you hold your tenants to these standards. If you find a tenant was evicted or late on rental payments in the past, there is a possibility that it could happen again. It is essential to accept a tenant with no red flags that deem them unreliable.
Orlando Property Management Summary
In an ideal world, we would never have to deal with 3-day notices or evictions. However, as property managers and property owners it does happen and we have to be prepared to take action.
Screening tenants is an important process that will decrease your chances of having a tenant that will fail to submit their rent payments. Assessing a potential tenant’s financial situation and rental history is vital to avoid such situations.
At The Listing Real Estate Management, your boutique property manager, we take this process very seriously and we can assist you in doing so as well.
Contact us today if you are in need of a highly experienced professional Orlando property manager to assist you in daily operations and processes associated with your Central Florida rental property.