End Goal of a Residential Eviction Lawsuit

Posted on by djht
What is the end goal of a residential eviction lawsuit?
 
The end goal of a residential eviction lawsuit is not to put the tenant onto the street.
 
The goal of the eviction is to change the tenant’s mind about where the tenant is going to live.
 
Many times I hear from angry landlords that want to toss the tenant into the street and destroy the tenant’s credit so the tenant can’t do this same thing to some other landlord.
 
I always correct them.  The goal of a residential eviction is not to put the tenant out on the street.
 
The goal is to change the tenant’s mind about where the tenant is going to live.
 
The THREE DAY NOTICE makes the tenant think that the tenant might have to move.
 
The EVICTION COMPLAINT and EVICTION SUMMONS make the tenant think about finding another place to live.
 
Once the tenant has changed his/her mind about where he/she wants to live, the eviction lawsuit is about 95% over.  It is a psychological victory.
 
Oftentimes the tenant will then voluntarily vacate the property before the FINAL JUDGMENT FOR POSSESSION is signed by the judge.
 
That is a win for the landlord and sometimes eliminates the need for posting of the WRIT OF POSSESSION by the sheriff.

Why Three Day Notice to Tenant?

Posted on by djht
Why a three day notice when tenants do not pay?

“The tenants have not paid in two months, why does the landlord now need to give the tenants a THREE DAY NOTICE?”

This is a complaint that I regularly hear from landlords that have bent over backward to work with tenants that have financial problems.

 

There are two reasons:

First, the court system wants to give tenants every chance that it can.  It does not matter it the tenant is a year behind in the payment of the rent.   If a residential landlord wants to terminate a tenancy for non-payment, the court will still require the landlord to provide a pre-suit notice, known as a THREE DAY NOTICE.

Second, the law requires it.  Florida Statute 83.56 says that before filing a suit for possession based on non-payment of rent, the landlord must first deliver a THREE DAY NOTICE to the tenant, also known as a pre-suit notice.  The law says that the landlord must always give the tenant the opportunity fix the problem that tenant has created, before the landlord files a suit for possession under Florida’s Landlord-Tenant Act.

The lesson here is to not allow your tenants to get two months behind in the payment of rent.

 

Let Pinellas County Eviction Lawyer, Daniel Kortenhaus help you with collecting unpaid rent as a Residential or Commercial Landlord – contact today!