• The Onyx Group

HOW DO I REMOVE A TENANT WHO WON’T PAY

Updated: Aug 23, 2019

Tenant removal can be a tricky process, and can make many property owners feel like they are at the mercy of their tenants. While landlord tenant disputes can be nuanced, a tenant’s refusal to pay definitely implies that some sort of outside intervention is needed.


First, it’s important to understand the basics.


What Makes A Person A Tenant?


Legally, a tenant is defined as someone who has agreed to pay rent to live somewhere. This applies in a variety of situations, and is not just restricted to an entire home/condo/etc. For example, a tenant can even live in part of your home or sleep on your sofa. As long as a person has agreed to provide you with some form of compensation for occupying a space, they can be considered a tenant.


However, if a person has not agreed to provide rent (which is usually monetary, but can also come in the form of labor or giving you things), then they are potentially not a tenant. Note: The role of a tenant can also apply when there is no written agreement.


What Do You Want To Know When A Tenant Stops Paying?


The first thing you want to do is seek to understand why your tenant has stopped or is refusing to pay rent. However, it is important that you never put yourself in harm’s way, or engage in any activity that could escalate a dispute with your tenant.


If you have come to the point in your relationship with your tenant that you are ready to evict them from your property, then it is important that you understand the right steps to take.


Some key things to keep in mind when evicting a tenant:


  • Nonpayment is a common reason for evictions, and is generally considered a fair reason.

  • Double check to make sure you have complied with the terms of the rental agreement as a landlord.

  • You must provide proper notice to the tenant you intend to evict.

  • Be sure to file the appropriate eviction form. Click HERE for more info on the eviction forms approved by the Florida Supreme Court.

If you are a property owner for multiple residential locations, you may find yourself dealing with tenant disputes more often than you like. For more information on how to evict your tenants, contact our office at info@theonyxgrouplegal.com. Our experienced team knows how to settle landlord tenant disputes efficiently, allowing our clients to manage their residential properties, and get paid, without disruption.

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