Eviction Law in St. Petersburg, FL
What Is an Eviction?
An eviction is the forceful exiting of tenants following an issued notice by the property owner or landlord. Evictions usually come as a result of failure to pay rent, or from violations of the lease agreement. However, evicting a problem tenant can be a long and costly experience as landlord-tenant laws favor tenants. Getting a better understanding of how St. Petersburg, Florida eviction law can help.
Even though eviction notices happen as a result of serious problems with the tenant, not all eviction notices lead to an actual eviction. Oftentimes, eviction notices serve as a final warning for the tenant. If the tenant can then pay rent, or begin to follow the lease agreement, they may avoid eviction.
When Can Landlords Send a Termination Notice?
The Tenant Doesn’t Pay Rent
If a delinquent St. Petersburg, FL tenant frequently pays rent late or has not paid rent at all, there is a good reason for eviction. Some states do have a grace period for an occasional late payment. However, if a tenant makes a habit of always paying late, that grace period does not apply and the property owner can provide an eviction notice.
According to the Florida State Legislature, no grace period exists for those late to pay rent in St. Petersburg. Tenants can negotiate a grace period with their landlord when they sign the lease agreement, but there is no law demanding such a grace period.
You should always provide your tenant with “late rent” notices and keep a copy for yourself in your files. That way, if the eviction case goes to court, you have paper evidence of their failure to pay rent on time.
The Tenant Violates the Terms or Conditions of the Lease Agreement
Lease agreements are legally binding contracts. If a tenant violates any terms or conditions outlined in the agreement, it can serve as grounds for eviction. For instance, if your lease prohibits additional residents and the tenant allows someone else to live in the unit, you may begin the eviction process.
The lease agreement is also binding on the landlord, meaning that landlords are responsible for adhering to the provisions regarding repairs and maintenance specified in the contract.
The Tenant Damages the Property
Damage to property by tenants is inevitable, and typical wear and tear is part of normal living. However, there is a significant difference between everyday wear, such as minor scratches or broken blinds, and intentional property destruction.
If your tenant is causing severe damage, such as breaking through walls or smashing windows, it may justify eviction. On the other hand, if the tenant makes minor repairs themselves and doesn’t alter the property substantially, this may not warrant eviction.
The Tenant Uses the Property for Illegal Purposes
If your tenant is using your property for illegal activities, such as selling drugs or engaging in criminal activities, it provides clear grounds for eviction. Additionally, this may lead to criminal charges being filed against the tenant.
However, be prepared to present evidence of the illegal activity. If law enforcement has been involved or has made any visits related to the issue, their reports can help substantiate your case for eviction.
How to Evict a Tenant in St. Petersburg, Florida
If you want to evict a tenant for any reason, then you need to understand the eviction process. Here’s how it works.
Step 1. Check Your Local Laws
Eviction laws are different in each state and can also vary at the city level. Therefore, it’s important to familiarize yourself with local laws before taking any action. Always ensure you have a legally valid reason for an eviction before giving notice. A qualified St. Petersburg, FL attorney can help review your case to determine if you do.
The Florida Bar states that tenants in St. Petersburg are entitled to a private, peaceful possession of the dwelling once the lease agreement is established and signed. In addition, tenants have the right to be free from discrimination or harassment during the rental process. The rental unit must have working plumbing, heat, and reasonable security. If repairs are necessary to make sure the dwelling is up to the health and safety code, the tenant is entitled to have the landlord make these repairs. However, if the tenant is at fault for repairs, then the tenant must pay.
Step 2. Give a Formal Notice of Eviction
If you have tried to reason with your tenants and they continue to violate the terms of your lease, you should then provide them with a formal notice of eviction. Your eviction notice will serve as an ultimatum or final warning. It should explain how your tenant is in violation, as well as what they can do to stop the eviction process.
The eviction notice should also include a deadline for the tenant to either pay rent or move out, and the amount that the tenant owes. If you’re unsure of how to create an eviction notice, you can use online templates or seek legal advice.
Once a landlord serves a tenant with an eviction notice, he or she has to petition the court. A landlord cannot “self-evict”. Instead, the tenant will be served with a summons from the court. If the tenant does not respond the landlord will be given a summary judgment and the court will hand down a Writ of Possession. Finally, the Pinellas County Sheriff’s Office will serve the court order to evict a delinquent tenant.
Step 3. File the Eviction with the Court
You must file the eviction notice with the court within a few days. The court will then set a hearing date and will notify the tenant of the hearing by a summons. Landlord/Tenant disputes in St. Petersburg generally receive hearings by the Pinellas County Court.
Step 4. Contact an Experienced St. Petersburg, Florida Eviction Attorney and Prepare for the Hearing
You should find an attorney as soon as possible to help you prepare for the hearing. Then, when you go to the hearing, you should bring the following documents:
- Lease agreements
- Records of payments
- Bounced checks
- Record of communication between you and the tenant
- Record of the eviction notice
- Proof that the tenant received the notice
Step 5. Evict the Tenant
If you’ve won the hearing, your tenant will have time to move out of your property. The amount of time allowed is dependent on the state, but it typically ranges from 48 hours to one week. If the tenant refuses to leave, you can contact St. Petersburg, FL law enforcement to forcibly remove them from the property.
Step 6. Collect Past-Due Rent Payments
If your tenant owes you rent money, you may still have a long fight ahead to collect past-due payments. You can try to collect these payments through several methods:
- Hiring a private debt collector
- Garnishing their tax refunds
- Garnishing their wages
- Taking the case to small claims court
Work with an Experienced Eviction Attorney in St. Petersburg, Florida
The tenant will likely try to argue that you did not follow proper procedures for providing an eviction notice. Having a qualified St. Petersburg attorney on your side can take the pressure off your back, and help ensure a victory in court. We can even help you connect with an attorney across Florida state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
