When a tenant cannot afford to pay their monthly rent despite the hardship they might be going through, their landlord holds the right to begin the eviction process after certain steps have been taken. Although the eviction process might seem lengthy and drawn out, it can run pretty quickly if a landlord is persistent and adamant about getting a tenant evicted from the premises.
Here’s what the eviction process looks like in Orange County, Florida
Once a tenant is late on rent (i.e. the day after the grace period ends if the landlord recognizes one), here’s what a tenant can expect to happen:
- The landlord will serve the tenant with a written notice that allows them three days to pay rent to vacate the premises, according to the Orange County Clerk Circuit Court. The three days does not include weekends and legal holidays.
- If the tenant does not pay their rent within those three days, the landlord may begin the eviction process. In order to do this, the landlord is required to file suit in the Clerk’s Office in the county where the property is located.
- After the landlord files suit in the Clerk’s Office, the tenant then has five days to respond, in writing, to the court. The five days does not include weekends and legal holidays.
- In the event the tenant fails to respond to the court within five says, a judgment shall be entered against them and the Clerk will issue a “Writ of Possession” which will be served by the Sheriff’s Office.
- Once the Sheriff’s Office has issued the “Writ of Possession,” the tenant shall be evicted within 24 hours.
How can a tenant avoid eviction in Orlando, Florida?
When a tenant signs a lease agreement that outlines what their monthly financial obligations are to their landlord, they must adhere to this agreement or they risk having their landlord initiate the eviction process. However, there are times when a landlord is prohibited from evicting a tenant, even if they miss one or more rent payments. For example, if the Governor of the State issues an executive order that halts all evictions on rental properties, despite what a landlord says, they cannot pursue an eviction until that order has been lifted.
Now, once an executive order issued by the Governor has been lifted, all tenants who failed to pay rent while the order was active must pay their landlord the full amount of money they owe including any fees if they want to avoid eviction.
Another way a tenant in Orlando, FL can potentially avoid being evicted is if their landlord is willing to allow them more time to pay. Typically, when a landlord allows a tenant additional time to pay their rent, they are likely to incur late fees.
The Orlando, FL Real Estate Lawyers at Legal Counsel, P.A. Can Address Any Questions or Concerns Regarding Evictions
The last thing any tenant wants or needs is to be evicted from their home. Therefore, if a tenant has a question regarding eviction or feels their landlord is not handling the process properly, they should contact the Orlando, FL real estate attorneys at Legal Counsel P.A. for legal help and guidance.
Legal Counsel P.A. is located at:
189 S. Orange Avenue, Ste. 1800
Orlando, FL 32801
Email: [email protected]