Posted by T2B - FL on March 21, 2001 at 07:35:02:
Thanks to all for the advice!
Rick, have you had the courts declare equitable interest before? Is there a rule of thumb you have for how much of a down payment may cause equitable interest to be an issue? Using Bronchick’s forms, etc. I didn’t think I would have any problems.
Florida Eviction Help! - Posted by T2B - FL
Posted by T2B - FL on March 20, 2001 at 17:39:44:
Yes, believe it or not, I may have to evict my first tenant on my first deal (sandwich L/O) as an RE investor.
The tenant’s check bounced. I confronted him Friday and haven’t heard from him since. I sent a certified letter telling him I would be somewhat lenient with him and he needed to be paid in full (including late fees,etc. with a cashiers check or money order) by March 23 or I will evict him and void his option to purchase the property. I am using Bronchick’s forms and CYA clauses. So, I think I’m covered on my end. The only good thing out of this is that he put $4000 down just over a month ago,which I get to keep and go after another tenant/buyer.
My question is how do I go about evicting him in Seminole County, Florida? Does anyone have any experience evicting someone in Florida that might be able to give me some pointers? Also, am I being too strict with this tenant or should I give him more time?
Thanks in advance!
Don’t give an inch (timewise)… - Posted by SusanL.–FL
Posted by SusanL.–FL on March 21, 2001 at 11:04:38:
…no matter WHAT the ‘sob’ story.
If you give an inch, they’ll take the whole arm…right up to the elbow!!
Re: Florida Eviction Help! - Posted by Jeremy FL
Posted by Jeremy FL on March 21, 2001 at 06:32:24:
Hello neighbor. I also reside in Seminole County. Although I have never had to evict anyone yet I picked a great book at Border’s bookstore. Landlords’ Rights & Duties in Florida. Very clear and concise. Hope this helps
Welcome to the Real World… - Posted by Rick Wheat
Posted by Rick Wheat on March 21, 2001 at 04:34:43:
of Real Estate Investing! I have been buying, selling and anything else you can think of with a house in Florida for the past nine years. Florida has some VERY SPECIFIC dates, forms, and language you must follow, or you run the risk of having a judge throw it out.
To give you a very brief synopsis of the timeline:
Step 1 - Three Day Notice
Step 2 - Filing of Complaint to Evict (5 day Notice)
Step 3 - Going to court for Motion for Default Judgement
Step 4 - Getting Writ of Possession
Failing to follow the proper procedure can mean disaster at any point of the schedule. Not only that, but most courts will acknowledge that the $4,000 you collected gives the Tenant/Buyer an equitable interest in the property that may have to be settled in a civil proceeding for failure of specific performance on the contract.
Email me if I can give you a hand.
Re: Florida Eviction Help! - Posted by TD
Posted by TD on March 20, 2001 at 20:11:51:
You might also try the bulletin board over at www.mrlandlord.com. They deal specifically in Landlord and Tenant issues like this.
Re: Florida Eviction Help! - Posted by pboone
Posted by pboone on March 20, 2001 at 17:46:57:
In Oregon we have to give 7 days after payment is due before a 3 day notice can be sent. Once sent there are particulars which can trip you up if not followed.
Call your local courthouse or apartment association to get actual procedures in seminole co.
DO NOT BE LENIENT!!! Use my philosophy BE FIRM, FAST AND FAIR. FIRM - Follow the rules as set in the agreement or you will be very sorry kicking yourself all the way home.FAST- File all documents as soon as you can by law. FAIR - Give the person a chance to pay on time.
Jeremy’s Right! - Posted by Rick Wheat
Posted by Rick Wheat on March 21, 2001 at 07:17:38:
There is a SUPER book in the bookstores here titled, “Landlord’s Rights and Duties in Florida”. It’s written by Mark Warda, an Attorney in the Tampa/St. Pete area.
Mark’s written over 2 dozen self-help books, and I have several of them. This one in particular I consider “My Bible” when it comes to Landlord/Tenant laws.
Just get it!