First time landlord learning from my mistakes needing eviction advice in South Florida

[Mark Weinstock]

This is my first experience as a landlord and really don't think I've handled it well. My first big mistake was I got to friendly with the tenants.

Mistake number 2 is the first time they were late with the rent I let them slide on the late fee  big mistake that was there ticket to thinking they can be late anytime.

Anyways I have this tenant for about 4 years already rent is $1200 a month. For the first 2 years they never missed a payment then the husband got hurt on the job and they got behind making partial payments making all kinds of promises like they will have it at the end of the month one month they even somehow got the county or VA to help them pay.

Anyways before i knew it there about $5000 behind the wife promising me they will get it caught up telling me they have a settlement  coming and all different kinds of BS promises  never materialized yo date they payed back $300 towards what they owe but at that point they started paying monthly again and not missing any payments for about 2 yrs until last month rent is due on the 3rd they said they having some issues and will be late promised me they have it on the 11/26

On the  26th the tenant called no money telling me there still having problems now telling me they will have a full $1200  on 12/3 and by the middle of next month they will pay me the $1200 there behind.

Anyways this is completely out of control I'm thinking i need to evict them or at the very least i need to serve them notice get the process started 

I'm looking for advice on maybe a local service that can help me through the process I have no idea how to file this thing the proper way with all the previous back rent they still owe me and the fact that they never resigned the lease after the first year.

I live in South Florida Broward county

HELP

[Jeff B.]

Sounds like you fell into the same trap I did with some past tenants.  You letting it get out of control again will usually on happen once.  The eviction process is not all that hard.

I actually like law and had people in the law library and advice found from law firms online guide me through all the proper steps.  

1.  Serve a pay or quit notice through certified mail.  Make sure to name both parties on the lease if that's how it was created.  It should include the exact wording from Florida Statue 83.56 beginning with "you are hereby notified" ending with "to wit: on or before and the date" Keep a file for all of these documents.  File the returned certified mail receipt.

2.  Do NOT accept a partial payment from them or it will delay the eviction.
Go to the courthouse and purchase the County Civil Case filing documents and pick up the Self Service Guide.

3. Make copies and save the receipt for all your collection expenses as this is the total amount of your judgment you want repaid.  You will file a County Civil Eviction Case Count I and Count II.  You want them out and your money.

4.For Affidavit of Military Status, Google Search "Verification of Military Status" Enter their SSN and full name.  Print out the results to file.

5. Fill out Count I and for Count II and file the case with the clerk of court.

6. You will need to bring multiple envelopes pre addressed to the defendants with postage.

7.  Fill out the Notice of Confidential Information sheet if applicable.

8.  Bring plenty of money or checks as you will be spending about $250 - $300 to file everything.

9.  The clerk will issue a 5 day and 20 day summons.  This will be when the tenant will have to file and mail a written response to the court case or possible face a default judgment.

10.  I usually fill out and submit the Sheriff information sheet which allows the clerk to file a Writ of Possession after Count I Possession judgment is made.  Otherwise you will be making another trip to the courthouse.  

11.  If the defendant doesn't pay all of the judgment after Count II Damages then I pay the extra money and go to sunbiz.org and record a Judgment Lien against the defendants.  This gives your lien priority over some other liens.  

12.  The interest applied to Count II damages can be found on the Florida Chief Financial Officers website and is currently 4.75% annually.  They have the formulas listed on how to apply interest to the judgment.

13.  When the case goes to trial you will need to bring a signed copy of the lease, and all the service notices on mail being delivered as to Count I and II.  All the receipts from the Clerk or Court and Sheriff for filing and serving the case.  It is important for your witness to physically be present at the trial if you served or had any interaction or altercation with the tenant.

The most important thing I find is that all of the paperwork has to be accurate and served properly.  This is not that hard.  Additionally any physical interaction you have with the tenant should be done in front of a witness you bring with you or the Sheriff.

As I mentioned this doesn't happen to often.  The next time you will serve the three day notice once they are late and know how to properly file the Eviction and Damages court case.  You have know learned that being a Landlord is like running a business and that it is nothing personal but you do NOT run a Non-Profit.