QUESTION
If my tenant is past due 28 days, can I start eviction? Can I add late fees and rent to the eviction notice?
Asked on Aug 26th, 2014 on Real Estate - Florida
More details to this question:
I have a contract stating that late fees are due after the 7th of the month. My tenant has never paid before that date, but ignores the late fee. I send him an invoice every month with rent due and accrued late fees. He is 26 days past due. When can I evict? Can I refuse his payment, unless it includes late fees and rent? Thanks!
1 ANSWER
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Sure, if they aren’t paying, you should be able to evict. However, I’d really suggest employing a lawyer to do it for you. The notices that must be given, must be very precise. If you mess up the notice, the tenant may overcome the eviction – so it is crucial that step is done properly. With proper notice and filing, the eviction shouldn’t really take too long. And be wary of trusting “forms” found in an online search. For your own research, you can go to Chapter 83 of the FL Statutes. As far as what all you can get back, your attorney can look at the lease to see what all it says as well as the totality of the situation, but you may also be able to get damages, back rent plus future months, etc. I can’t say for sure what all you can get without seeing the lease and knowing a little more about the situation.
Answered on Aug 27th, 2014 at 9:42 AM