If you own investment property, you may at some point face the situation of having to evict a tenant. While it can be irritating dealing with unruly tenants or renters who do not pay, the eviction notice that you present to your tenants must meet certain requirements before it will be considered valid by a court of law. In addition, even after you have served notice to your tenants, they will still have various options and rights.
How an Eviction Notice Works
The purpose of an eviction notice is to inform your tenants that the legal process of eviction is going to take place if your grievance is not able to be resolved. If the notice is based on a specific grievance, the tenant will usually have 3 to 5 days in order to respond.
However, if the eviction is not based on a specific grievance, the response deadline can be much longer – possibly up to 30 to 60 days. In some cases – and depending on the tenant – the process may even be delayed longer, and the eviction may even be prevented from occurring altogether.
Presenting an Eviction Notice
When presenting an eviction notice to a tenant, it is important that certain information is provided in order for the notice to be considered valid. For example, you must include the reason for the eviction, as well as the information that is necessary to respond within the time frame required. The exact grievance of the landlord must be included on the eviction notice, as well as any instruction on how the tenant may alleviate the issue within the given time limit.
Sometimes the state or local jurisdiction will also have an impact on the length of time that a tenant has to respond to the grievance. It is important to note that if a specific time frame is not indicated on the eviction notice, then the notice will not likely be upheld in court.
Often, landlords will seek the advice of legal counsel when presenting an eviction notice. When evicting a tenant, you may need legal assistance. This can help to ensure that all of the necessary information has been included, as well as any additional details that may help in getting the issue resolved in a timely and efficient manner.
For additional information, contact us. We practice landlord tenant litigation in Florida, and we can help you to ensure that your case is solved in the best manner possible for you and your investment property.