Advertising during eviction process??

7 Replies

I'm a new investor...one property so far.  First renter, despite doing everything I read on vetting out prospective tenants, is under eviction for failure to pay rent.  Can I advertise the property before the eviction process is complete?  I would like a quick turn over.  It's a condo in FL.  Thanks!

I believe you can legally (not an atty, not legal advice), but once you advertise it you'll need to show it to prospects while at war with the current tenant.  I doubt they will "help" you, and more likely could sabotage your efforts by leaving it messy or making a scene.

My gut feel is to get them out of there before showing it.  Perhaps you can advertise to set up appointments in advance, but the eviction process will still be underway and things could get weird if you try to rush this.

Medium wbh square logoDev Horn, We Buy Houses® | [email protected] | 877‑932‑8946 | http://webuyhouses.com/profile/arlington

If you have pictures I would put those up and just say property will be available after so and so date and cannot be viewed before than.

Be carefull of the advice your getting. Check the state and county "Tenant/Landlord Laws". And surely speak with a lawyer. Here in Maryland you will find yourself paying the tenant "THREE TIMES" the amount of the monthly rent for that action. I have seen it done.

The eviction process goes to court so a Judge DECIDES whether or not the tenant should be evicted, that is why you need proof.  (evidence)  That is why you go to court.  

Also, a tenant almost never leaves on the date they are supposed to.  This is called a "Hold Over". Even good tenants don't leave on the date they should.  

On street smart tenants they can postpone and delay an eviction. They can stretch out an eviction for months, therefore you can't promise someone something that won't be available, not to mention you not knowing exactly how long it will take to repair the unit and get it ready for a new tenant to move in. 

You are asking for trouble if you advertise a rental unit, before the tenant has had their day in court. 

Nancy Neville

 @Megan Aldridge :

fortunately for you I am a licensed realtor in Florida where you are from and you can absolutely do that. In my previous post I was only responding to the fact that more than likely you wont have access to the interior of the place due to them being difficult. Good Luck!

Rod, you are right there is no law that says you can't do that, but will it hold up in court?

So, you advertise, pay a lot of money to advertise and then what?   Ask the tenant permission to show the inside?  What do you think the tenant will say?  So you give the tenant 24 hour notice you will be entering the unit.  Will the tenant say sweetly okay?  

The Eviction process is a sad and most dangerous time.  You don't want to jeopardize the new possible tenants lives or your own by trying to enter a unit that is undergoing an eviction.  And as I said above, you don't even know if the court will allow you to evict, it has to go through the courts and you need to receive a Judgment.  

The Judge may find that by advertising the unit before a final eviction is over with, is harrassing the tenant.  It's like changing the locks on them.  Calling them up and being in their face to move.  

So yes you can advertise all you want, but why waste your money and the applicants time.  Do you think they will want to take a tour of a home that a tenant is being evicted from?  

Nancy Neville

Originally posted by @Account Closed :

Rod, you are right there is no law that says you can't do that, but will it hold up in court?

So, you advertise, pay a lot of money to advertise and then what?   Ask the tenant permission to show the inside?  What do you think the tenant will say?  So you give the tenant 24 hour notice you will be entering the unit.  Will the tenant say sweetly okay?  

The Eviction process is a sad and most dangerous time.  You don't want to jeopardize the new possible tenants lives or your own by trying to enter a unit that is undergoing an eviction.  And as I said above, you don't even know if the court will allow you to evict, it has to go through the courts and you need to receive a Judgment.  

The Judge may find that by advertising the unit before a final eviction is over with, is harrassing the tenant.  It's like changing the locks on them.  Calling them up and being in their face to move.  

So yes you can advertise all you want, but why waste your money and the applicants time.  Do you think they will want to take a tour of a home that a tenant is being evicted from?  

Nancy Neville

 Nancy what I am saying is you can do it because its allowed..Now would I do it? Absolutely not. People here in Florida list properties left and right and dont have access to the home because many times someone will buy it sight unseen. Tenants in a lot of those situations will not let the owner into the property during this process thats why its a pain the *** really