Real Estate Investor · Pensacola, FL · Member since 2008 · 6 posts · 0 votes
I'm a new investor and I'm having to evict my first rent to own tenant. She called me last week and said she would be moving out after being there for only 7 months. Then and hour later she called back and she said to go ahead and evict her. A few more days from now she will be late with her payment. Can anyone give a little insight on this situation. I'm in the state of florida by the way
Involved In Real Estate · St. Petersburg, FL, FL · Member since 2013 · 22 posts · 5 votes
13y
This is an odd situation since you say she is not late yet and she's telling you to "go ahead and evict her". I wonder if she doesn't really understand what she is saying.
Before you can start an eviction process, she needs to be late. If her rent is due on the 1st, she is late on the 2nd provided there's nothing to the contrary in her lease. You then must post a "3 day notice" to pay or give possession.
After the three days has expired (and that's three business days not including court holidays), you can then file a lawsuit for eviction. If you've never done it before, I'd hire an attorney and that will cost you probably $400-500 to get her out provided she doesn't fight the lawsuit. I have had to do several evictions, and I use an attorney every time. If you want to try to do it yourself, there are books out there on it and forms, but if you mess anything up and the tenant responds to the lawsuit, then you could be delayed, or worse, have to pay her attorney's fees.
Given the circumstances, I would have another chat with her and tell her that an eviction will cause her issues with future landlords and that she really doesn't want you to have to do that. Suggest that she move out within a week (or some agreeable time) and you will not be forced to blemish her rental history with an eviction. But, even if you reach an agreement for her to move, serve her with a PROPERLY WRITTEN AND DELIVERED three day notice as soon as she's late. That way if she fails to move in time, you can go straight to the lawsuit and hopefully have her out in 20 days or so.