Before a Tampa property management firm can proceed with a tenant eviction, the property manager must prepare a three- day notice. This document demands payment of rent or possession of the property within three days--excluding Saturday, Sundays and recognized legal holidays-- after delivery of the notice. After the three-day notice expires, the Tampa property manager goes to the courthouse and files a Complaint for Eviction.
Complaint and Summons
File the original Complaint for Eviction and a copy of the Complaint for each tenant with the Clerk. Attach a copy of the Three-Day Notice, as well as a copy of the lease, if applicable, to each copy of the Complaint. The court receives a copy of these documents too. The manager must sign the Complaint in the presence of the deputy clerk or have the Complaint notarized by a notary public.
After the manager files the Complaint and pays the fee, the court Clerk issues an Eviction Summons/Residential, which has a copy of the Complaint, three-day notice, and a copy of the lease for service on the tenant(s). The manager pays a fee to the Sheriff, or a private process server, who delivers the
Summons to each tenant.
If the Sheriff or process server cannot reach the tenant, the law allows for the posting of Summons in an obvious location on the property. The Tampa property manager must request the court Clerk to mail the Summons to the tenant by a Certificate of Mailing.
Excluding Saturday, Sunday and holidays, the tenant has five days to file an Answer, after service of the Summons. If the tenant files an Answer, and deposit monies, the Tampa property management company must contact the Court to schedule a hearing.
If the tenant fails to answer the Summons, the Tampa property manager must file a Motion for Default by Clerk/Default. The manager must also obtain a court document called a Final Judgment for Possession and a Writ of Possession.
The Clerk enters a Default, five days after service on the tenant. Once the Clerk enters the Default, a Judge reviews the case, enters the Final Judgment for Possession and instructs the Clerk to Issue the Writ of Possession. The manager provides the Clerk with the original Final Judgment for Possession and the Writ of Possession.
The Clerk enters the Judgment in the records and issues the Writ of Possession to the Sheriff. The Sheriff posts the notice on the premises and proceeds with the tenant eviction by obtaining possession for the Tampa property management company after 24 hours.
Thanks so much for this article on the eviction process. I am unfortunately in a position where I feel I need to take these steps to remove a tenant and it has been very stressful so this guide is very very useful - thank you! For the future, I was wondering if anyone had opinions on what kinds of <a href=""http://www.realpage.com"" rel="nofollow">property management software</a> we might be able to use in the future to ensure that this kind of thing happens less - something that automates bill paying and rent collection? I have heard of Buildium and RealPage but would love to hear other people's thoughts/experiences?
Agreed (Estella). I have used Paylease.com - they were good and was able to put a link on my website so my tenants could pay easily. It also supports recurring payments. I had to evict several of my tenants in a couple of my Tampa condo rentals while I was managing myself. I hired a local property manager with The continental Group Realty and they have managed to keep good tenants in place. It cost a little more, but worth not dealing with the hassle. Anyway, recommend Paylease if you are looking for a solution for rent collection. Good luck! Great blog by the way.
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Property Management Blog - Property Management Eviction Process In Tampa, FL# Impact
I don't really now all about real estate this blog give me idea that it could be happen.
great rundown of how the eviction process works!
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