What is the process to recover late rent and to eventually evict and sue tenants who don’t pay?

I have a rental house. The renters pay late every month and owe $970 for last month and $1270 for this month. If they do not pay soon, what is the process for me to recover the rent owed and for eviction, as well as to sue them for the amount due on the lease, legal fees, etc? The lease ends in 8 months. I have read that state law site and realize that soon I need to give them the 3 day letter.

Asked on July 5, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your tenants are consistently late in paying rent to you and your presumed written lease has a late fee charge, you could send them a separate invoice itemizing the late fees owed you on their rent for each month rent was paid late.

As to the non-payment of rent issue, you are within your rights to serve these tenants with a three day written notice to pay the unpaid rent or quit. It is best that such document be prepared by a landlord tenant attorney.

If the tenants do not pay the rent owed in the three days of service of the notice upon them, you have the option of serving them with a thirty day notice of termination of their lease. I suggest an attorney be consulted as well for the preparation of this document.


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