Central Florida Rental Property Evictions
No landlord enters into a lease agreement with a tenant thinking they’re going to have problems. Certainly, no landlord wants to think about having to evict tenants. If nothing else, emotions and legal fees run high. But attempting an eviction without an attorney specializing in rental agreements or an experienced property manager can have catastrophic consequences.
At the time of this writing, Florida Governor Ron DeStantis has issued stay-at-home orders to prevent the spread of COVID-19. During this time, the governor has suspended all evictions and foreclosures (Executive Order 20-94). Depending on whether a home is “covered” under the Coronavirus Aid, Relief and Economic Securities (CARES) Act, property owners may have to wait until July 27, 2020, to serve a notice to evict for non-payment. Homes that owners hold free and clear or that have conventional mortgages can begin serving notices on May 17, 2020. Any rental properties with federally backed mortgages (ex: HUD, FHA, Fannie Mae, or Freddie Mac) cannot move to evict non-paying tenants until late July.
Even during normal circumstances (and when the bans are lifted), landlords must follow specific guidelines, as outlined in Chapter 83 of Florida Statutes, that must be followed to the letter. There are prescribed actions on a set timeline that must be met to remove tenants from a property with cause. Any action a property owner takes outside of these guidelines can result in negative legal ramifications for them. Forget any shortcuts or shakedowns to speed up payments or removal. For example, trying to evict a tenant by threatening them, disconnecting utilities, selling their property, or changing the locks all top the list of illegal maneuvers that will get a landlord into hot water.
Should a situation escalate to the point of taking legal action, a landlord must be able to prove reasoning for removal and that they adhered to the Statutes. If the property owner’s lease isn’t airtight, they could lose their petition in court. Or if the court deems the landlord illegally removed a tenant, by Florida state law, they could be made to pay the tenants’ rent for up to three months… or more if the court finds additional damages, including attorney fees for the tenant. This can quickly become an expensive proposition if not handled carefully.
Good Reason to Have a Property Management Company
Mitigate Eviction Potential
To avoid these problems, The Realty Medics use a proprietary program to match your rental space with high-caliber tenants. Because we carefully screen applicants, we select tenants who value their credit and rental bureau reports. Property owners always have final say on who is approved to rent their space. Once an owner agrees to a specific applicant, we seal the deal with our attorney-approved lease agreement that has mitigated many potential disputes.
By only approving high-quality applicants for your consideration, we mitigate the majority of reasons a property owner would need to evict someone. These tenants proactively alert us if issues like the pandemic impact their income and ability to make rent. Of course, we work with both tenants and landlords to try to find ways to get the agreement back on track. But in some cases, that’s just not possible.
Legal Assistance with Eviction
To get through these tough situations, The Realty Medics work with The Property Management Law Group to ensure all of our leases fully comply with the law. If problems do arise, our attorney will handle the entire eviction process for the landlord. Because the same attorney represents all of our clients, The Realty Medics win an overwhelming majority of eviction cases.
In addition, The Realty Medics offer a six-month tenant guarantee. If a tenant must be removed within the first six months, we’ll find another tenant to replace them without an additional placement fee. We wouldn’t offer this guarantee if we weren’t confident in our system for placing the highest caliber renters in your space.
As the premier property management company for central Florida, we include this service as part of all our management agreement levels (minus the lease-only option). We process all required paperwork throughout the process and, if necessary, our attorney will represent your case in court.
If you’re new to renting investment property, it helps to have experts on your side. Founded by literal rocket scientists, The Realty Medics can take the headaches out of property management for you. Interested in learning more? Complete our contact form or give us a call at (407) 634-2800.
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If you want to experience Rocket Science Renting for yourself, The Realty Medics offers the lowest property management rates in Orlando. Contact us today to find out what your home will rent for by calling 321-947-7653 or filling out a FREE Rental Price Analysis.
Ben Sencenbaugh is a former NASA engineer who heads The Realty Medics, Central Florida’s #1 residential property management company. A loyal Orlando resident since buying his first rental home in 1997, Ben brings rocket science to renting, applying advanced technology to make renting single-family homes a better, simpler and more successful experience for owners and tenants.