You might be thinking that this headline has got to be click bait. Why would you file an eviction during a national eviction ban? Here’s why now is the best time to get the ball rolling, and how.
Post 3-day notices now
Before you can file for an eviction you have to post a 3-day eviction notice on the door for the tenants. If they do not pay the full amount due by the end of that three days you can then file for eviction. Why post the 3-day notice now? Because you can go ahead and file the paperwork so you’re ready when the time comes.
Filing evictions now gets you on the docket list.
As the eviction and foreclosure moratorium nears its end, there is going to be a rush of landlords and banks seeking remedies and evictions. There is already a backlog building of these cases, some of which have been waiting since before the eviction ban was ever enacted. The sooner you file, the shorter your wait.
Evictions for breaking a lease for other than non-payment of rent
You can still evict tenants for lease violations during the eviction ban. The eviction ban only protects tenants from eviction who are unable to pay their rent due to the pandemic. If you want to evict your tenant because they are destroying the property, you can still get them evicted.
You first have to post a 7-day eviction notice outlining the breach in contract and how it can be remedied. If they do not remedy the situation at the end of the 7 days, you can file for an eviction. These cases may still be heard by the courts.
If you need to move forward with some evictions, contact us today so we can partner with you.
If you’ve been having trouble getting papers served in your case, you might be wondering about potential alternatives. The bottom line is that you aren’t able to serve papers to anyone in a method other than in person by an approved server without a judge’s express approval and permission.
That said, email could be an accepted method of service and much more frequently as the pandemic progresses. Here’s what you need to know.
The email must be proven to belong to the individual.
This can be tricky. Anyone can create a Gmail, Yahoo, or Hotmail account with false information, and no one would be able to prove or disprove it, at least not easily. For email to be a valid form of service, you have to be able to prove to the judge that the email account definitely belongs to the intended recipient and that the email is still currently in use. That can be hard, if not impossible. Continue reading
Serving a business has become tricky during the pandemic. Who, where, and how legal papers must be served in regards to businesses can be a complex matter already. Now, Florida lawyers and citizens alike are scrambling to determine how to serve a business when that business might not even be open or available.
Serving Small Businesses
Serving a small business isn’t going to change much from the norm. Most small businesses are not corporations, which means that likely it is the owner or officers who will be legally responsible for accepting legal documents. Although you are supposed to be serving these individuals at their place of business, their home could count if it is where they are performing the majority of their work activities. Continue reading
If you are not new to being a landlord or property manager, you are probably well aware that not all parts of the eviction process have to be handled by a process server, but there are some very good reasons to use a private process server for the entire eviction process.
Three-Day and Seven-Day Notices
Before you can file an eviction with the courts, you have to give your tenants notice that you plan to do so. If a tenant has not paid their rent, you can give them a three-day notice. If the tenant has violated the lease in some other way, a seven-day notice gives them an opportunity to correct the problem before an eviction is filed. Continue reading
The digital age has transformed our society. Looking back even just five years ago can be surreal. Everyone has at least one social media profile, carries a computer in their pocket, and uses a computer frequently throughout the day, almost every day of the year. Even many homeless Americans have regular access to Facebook or email.
The question that many people are asking is, “Why can’t legal papers be served digitally?” Honestly, the courts are extremely behind the times on this issue. There are several different ways that papers could be electronically served where it would be reasonable to assume that the intended recipient received it. Continue reading