There are many perks to owning rental property, but many landlords are finding themselves facing increasing numbers of delinquent tenants. Statistics show that Orange County landlords saw record eviction numbers in 2022 and 2023. With evictions on the rise, landlords must know all about the eviction process to avoid extra stress.
If you're facing a troublesome tenant, you might be asking how to start the eviction process and can a landlord charge for eviction fees. Read on for some quick tips about the eviction process in Orlando!
Orlando Evictions 101
Florida law requires that landlords have a just-cause to end a tenant's lease. If you don't have a valid cause, then you may not refuse to renew a lease or evict a tenant. Valid causes include:
- Failure to pay rent
- Breach of lease terms
- Failure to vacate at the end of notice to vacate
Most evictions occur after a tenant does not pay rent. In those cases, landlords must serve their tenants a three-day notice to pay rent or vacate. If the tenant does not pay the rent within the timeframe, you can begin the eviction process with the county court.
Similarly, tenants in violation of the lease for other reasons may be served a cure or quit notice. For example, if a tenant has an illegal pet, you can give them a specified time frame to remove the pet. While you have concerns about having a vacant property, it is better to start over and find a tenant that follows the terms of the lease.
Can a Landlord Charge for Eviction Fees?
In short, yes. As long as you follow the proper legal channels, you can charge for the following tenant eviction costs:
- Unpaid rent
- Rent due for the remainder of the lease or until a new tenant moves in
- Cleaning and damage costs
- Court costs
- Attorney fees
Once the tenant is out of the rental and you have a final amount due, you must mail them a statement detailing the money owed. If they don't pay the bill, then you have the right to take them to court and get a judgment against them. You may also place their account with a collection agency to collect the debt.
Common Eviction Mistakes
The vast majority of rentals are subject to the Fair Housing Act, which prohibits discrimination in tenant screening, maintenance, and eviction. There are defined groups of people who are protected, which means you cannot deny housing or evict someone because of their membership in that class. These classes include:
- Sex
- Race
- Color
- National origin
- Religion
- Familial status
- Disability
Beyond discrimination, landlords are also prohibited from engaging in self-help evictions. This is along the lines of changing the locks when the tenant goes to work. Save yourself the maintenance costs and follow the prescribed legal process so your eviction is bulletproof.
Don't Let a Bad Tenant Impact Your Rental Property!
How do I file an eviction? Can a landlord charge for eviction fees?
These are just a couple of questions landlords find themselves asking when faced with a troublesome tenant. Thankfully, there are ways to recoup your costs. More importantly, there's expert help available for busy Florida landlords navigating Orlando, FL rental laws!
Verandah Properties is here to help you deal with everything from evictions to daily property management. Our team of experts is unrivaled in our ability to make your property stand out and locate incredible tenants. Contact us today to learn how we can make your rental property a success!