Essential Do’s and Don’ts for Landlords During Evictions for Non-Payment

Evicting a tenant for non-payment of rent is a delicate process that requires careful adherence to legal protocols. As a landlord in Orlando or elsewhere in Central Florida, it’s crucial to follow the correct steps to avoid potential pitfalls that could delay or complicate the eviction process. Below is a comprehensive list of do’s and don’ts to guide you through the eviction process.

Do’s for Landlords During an Eviction

1. Follow the Default Notice Requirements

• Adhere strictly to the requirements outlined in the default notice served to the tenant. This includes all deadlines and actions specified in the notice to ensure the eviction process is legally sound.

2. Accept Full Rent Payments (If Offered Before Deadline)

• If the tenant offers to pay the full amount of rent due before the deadline specified in the notice, you must accept it. This is a legal obligation that could affect the eviction process.

3. Maintain Utility Services

• Ensure that all utility services, including electricity, water, internet, and gas, remain fully functional during the eviction process. Any disruption, whether intentional or not, can be construed as prohibited conduct and/or an unlawful eviction tactic. (See Fla. Stat. §83.67)

4. Document All Communications

• Keep detailed records of any communication with the tenant, including emails, text messages, or in-person discussions. Proper documentation can be crucial if the case goes to court.

5. Seek Legal Advice When in Doubt

• If you’re unsure about any step in the eviction process, especially when it comes to accepting partial payments or responding to tenant inquiries, consult your eviction attorney for guidance.

7. Stay Calm and Professional

• Maintain a professional demeanor throughout the eviction process, even if the tenant becomes confrontational or uncooperative. Your actions should be above reproach to avoid any claims of harassment.

8. Prepare for Court

• Be prepared to present your case in court if necessary. This includes having all documentation, such as the lease agreement, payment records, and communication logs, organized and ready to present.

9. Do send notice if you intend to make a claim against the security deposit

• Even if the tenant has been evicted from the property, we always suggest sending proper notice if you intend to withhold the security deposit. A notice of intent to withhold a portion of the deposit must be sent within thirty (30) days of the date you take possession of the property. (See Fla. Stat. §83.49)

Don’ts for Landlords During an Eviction

1. Do Not Accept Partial Rent Payments

• Accepting a partial rent payment without consulting your attorney could undermine your case. It may invalidate the default notice and make it so that we cannot file the eviction. (See Fla. Stat. §83.56(5)(a))

2. Do Not Disrupt Utilities

• Avoid any actions that could interfere with the tenant’s utility services, such as shutting off electricity or water. Such actions are illegal and could lead to penalties or the dismissal of your eviction case. (See Fla. Stat. §83.67)

3. Do Not Engage Unnecessarily with the Tenant

• You are under no obligation to communicate with the tenant beyond what is necessary to comply with the demands outlined in the default notice. Limiting interaction can prevent misunderstandings and legal complications.

4. Do Not Enter the Property Without Proper Notice

• Unless there is an emergency, do not enter the rental property without providing the tenant with the legally required notice. Unauthorized entry could be viewed as a violation of the tenant’s rights.

5. Do Not Make Any Verbal or Written Agreements

• Avoid making any informal agreements with the tenant regarding payment plans, lease extensions, or other matters related to the eviction. Any agreements made outside of the legal process could jeopardize your eviction case.

6. Do Not Change Locks or Remove Tenant’s Belongings

• Do not change the locks, remove the tenant’s belongings, or take any other actions that could be perceived as an illegal eviction. Such actions can lead to severe legal consequences, including fines and penalties. (See Fla. Stat. §83.67)

7. Do Not Ignore Court Deadlines

• Ensure that you comply with all court-imposed deadlines, including filing necessary documents and attending hearings. Missing a deadline could result in the dismissal of your case.

8. Do Not Make Threats or Intimidate the Tenant

• Avoid making any threats or engaging in behavior that could be interpreted as intimidation. This includes verbal threats, written threats, or any actions that could be perceived as an attempt to scare the tenant into vacating the property.

9. Do Not Handle the Eviction Process Without Legal Guidance

• Attempting to handle the eviction process without the assistance of an experienced eviction attorney can lead to costly mistakes. Legal guidance is essential to navigate the complexities of Florida’s eviction laws.

Evicting a tenant for non-payment of rent is a process that requires careful attention to legal details and strict adherence to Florida’s landlord-tenant laws. By following the do’s and don’ts outlined above, Central Florida lamdlords can navigate the eviction process more smoothly and effectively. Always consult with an eviction attorney to ensure that you are taking the correct steps and protecting your rights as a landlord.

For more information or to schedule a consultation with an experienced eviction lawyer in Central Florida, contact our office today. We are here to help you manage the eviction process efficiently and legally.