Evicting a bad tennant(Florida)

[Shadow]

I tried to post this yesterday but my computer is doing something wierd?

Anyway, you're in Sarasota County, so here's a link to thier website.

http://www.sarasotaclerk.com/default.asp?Page=48

You should be able to down load the forms you need off there. If not, you can get them at the courthouse (probably for a small fee of course).

You'll need to post the notice to pay rent of vacate first.

You can post it yourself, have someone do it for you or hire a certified process server to do it.

Once that passes, you need to serve them with the residential eviction summons package.

Filing fees went up (again) statewide for Clerks Offices throughout the state. IIRC, the filing fee is now around $400.00 for an eviction.
(All because local, state and county governments can not or will not live within thier budgets!-maybe one day we'll learn? Otherwise, we'll end up like Kalifornia and be bankrupt)

Once your summons is filed there are two (2) routes you can go with it.

You can have it:

1 - Posted - This get's the tenant out quicker but you can not collect $$$ damages (costs, past rent, etc,). At least it get's them out of the place so you can move forward.
I generally recommend this to people who are owed very little if any back rent, have little to no damage to the property, and just want the tenant out so they can sell or rent the property.

2- Personal service - Service on the individual(s) named (the tenants + John + Jane Doe).
This can be done by serving them individually, or through any person 15 years of age or older that co-resides with them
This serves essentially the same effect as the posted summons except that the process is slightly longer; however, in this case, you can collect $$$ damages and costs if the courts grant them.

Either type, posting or individual service, can be done by either the Sheriff's Office or a Private Process Server.

The Governor just signed Senate Bill 412 that allowed the Sheriff's offices statewide to increased thier fee's for service of process to $40.00 per defendant. All other fees increased as well.
In this case, you'd be looking at $80-160.00 in service fees depending on whether you went the extra route with the John & Jane Doe's.

Many of the private servers have followed suit. I haven't yet, but most likely will sometime later in the year.

Private servers will get the job done quicker and generally put more effort into it, simply because we have less of them to do each month than the Sheriff.

It's no slam on the Sheriff, just simple logistics. When you're doing several 1000 as compared to several 100, civil documents per month, you can understand why. We do an average of 400-600 documents per month with several of us doing them. So it's easier for us to get more "personal" and move quicker, than the Sheriff whose moving 1000+.

In most cases, a private server will have it done for you in a day, maybe 2-3 depending on thier work load and the availability of the defendant. It also depends on whether you want it posted or served individually?

Posting requires (by statute) two (2) attempts, six (6) hours apart.

Becasue of some of the anal judges we have around here, I have my guys do the 2nd attempt usually around 7-8 hours later or one in the evening hours and one in the morning (or vice cersa depending on when we get it).

After the 2nd attempt, we will generally go back to our car, wait a few minutes, drrive around the block, go to another house in the area, something to waste a few minutes, then make what is essentially a third (3rd) attempt and post it.

I've seen judeges toss them out for posting on the 2nd attempt simply because the statute reads "after making 2 attempts....."
I'd rather err on the side of caution and we're only talking minutes not hours or days!

A private process server is going to cost you between $25.00-50.00 depending on who you use and other factors.

I have some contacts in that area and if you like, get in touch with me when you're ready and I'll give them to you

The whole thing can end up costing you several hundred dollars and take anywhere from about 2 weeks to a month or more.

Best of luck with it and keep us posted.

Gordon

[Mannings]

OMG Shadow the filing fees went up 400% in less than 2 years. Suppose it's because the Counties are not getting the building impact fees they enjoyed for years?

[Daffy]

I'm in Charlotte county... Now suposedly I will be recieving payment for this month from a charity and they have agreed to leave at the end of this month.. I'll be happy to just get my house back.We'll have to see af that happens. It amazes me that if you get screwed by a tenant that the county readily screws you out of some more money.. What a deal that is. At any rate thanks to all for the info and suggestions.

[Shadow]

Originally Posted by Daffy

I'm in Charlotte county... Now suposedly I will be recieving payment for this month from a charity and they have agreed to leave at the end of this month.. I'll be happy to just get my house back.We'll have to see af that happens. It amazes me that if you get screwed by a tenant that the county readily screws you out of some more money.. What a deal that is. At any rate thanks to all for the info and suggestions.

I didn't mapquest it but no matter, the aforementioned fees and procedures are the same state wide. The only exception being those few counties where the Sheriff/Courts do not appoint process servers. In those cases you would either need a motion and order to appoing (not a big deal and the server should walk it through for you) or have the Sheriff do it.

As far as taking $$ and expecting them to get out at the end of the month, all you're doing is potentially prolonging the problem.

If they get out, you're ahead of the game

If not, by taking $$ from them and not giving them "NOTICE", you're lengthening the time it will take to remove them should they decide to do this to you again.

I'd give them the "Notice" and tell them that I know we have an agreement; however, I Have to do this "procedurally". It's BS but it makes you look like a good guy (blame it on the state statutes) but still, quietly starts the clock ticking on the process should it become necessary.

If not, no harm/no foul and no filing fees

If so, then you're T'd up to file and move forward

Mannigs/Daffy,

You're both correct regarding the fees and costs.

Now you can get screwed from both the defendant and the state

Many here may recall a couple of years back when the state rolled back the millage rates (I think that's the right term?) and reduced the amounts paid (given) to the various state, local and county agencies for operations and expenses.

Instead of figuring out like the rest of the damned world, how to cut back, live within thier budgets and get things moving along, government tried to keep trudging along, fat dumb and happy.

When the $$ started running out/low and they couldn't get the fat $$ they were used to by simply holding out thier hands and saying "gimmie", most started to piss and whine like little children.

Instead of cutting back on unnecessary expendatures and holding salaries/ppromotions/raises, etc back for a while, they decided to do what several L/E and Rescue organizations have started to do...threaten to cut back [u]personnel

Create undue fear and promote panic among the taxpayers so they will go running to the state to increase funding.

Fortunately the citizens are not reacting as expected by the government and they're being forced to make some changes.

But the counties complained to no end about not being able to run the clerks offices on the $$ they were allotted, yet they can in many cases, provide bonuses or bogus promotions in lieu thereof, to certain classes withing thier organization.

Hillsborough County for example, this year "promoted" IIRC, 10 people to mid level management positions. This would be fine...except....these positions didn't previously exist!

Although the clerk of court "claims" not to have given bonuses, it's obvious how she got around it.

Anyway, not to get on a long rant about government ineptitude again, suffice to say that the state has mandated two (2) fee increases for the clerk of courts statewide in as many years. I understand that there may actually be another in the works?

So yes, 400% sounds about right and more to come

As well, traffic fines have risen to a rediculous level, other fees for local, state and county services have gone up drastically and new fees have been enacted for no apparent reason other than to raise $$$$ off the taxpayer!

So instead of practicing fiscal responsibility, they'd rather have you and I as taxpayers and users, suck it up and provide for them....and you wonder why I have such disdain for many such agencies today?

Those of you that use the courts (landlords, attorneys, collections, etc) regularly, as well as those simply concerned about overspending by the governments, should contact your local state reps and let them know your concern. Be willing to show you senator, congressman, representative, whomever, the way home from Tallahassee!!!!

[Mannings]

Well stated Shadow, "So instead of practicing fiscal responsibility, they'd rather have you and I as taxpayers and users, suck it up and provide for them....". Now doesn't this sound like our Federal Gov's MO being applied at the local level.

[Shadow]

Originally Posted by Mannings

Well stated Shadow, "So instead of practicing fiscal responsibility, they'd rather have you and I as taxpayers and users, suck it up and provide for them....". Now doesn't this sound like our Federal Gov's MO being applied at the local level.

yep

[Rich Z]

That is because once government bodies start collecting income from tax revenues, then suddenly they become entitlements. In other words, they feel they are entitled to those monies being extracted from the public. If circumstances arise to where the monies become restricted or no longer available, then it is the public's fault and ways MUST be found to extract that "lost" revenue in another manner. Sorry folks, but the government clearly believes that we OWE them taxes, fines, and fees in all shapes and manners that they can come up with to extract money from us. Their justification for such vehicles of revenue extraction is usually nothing more then the statement that the "need the revenue". Like we don't need it as much or more then they do.....

[85vette]

Originally Posted by Rich Z

That is because once government bodies start collecting income from tax revenues, then suddenly they become entitlements. In other words, they feel they are entitled to those monies being extracted from the public. If circumstances arise to where the monies become restricted or no longer available, then it is the public's fault and ways MUST be found to extract that "lost" revenue in another manner. Sorry folks, but the government clearly believes that we OWE them taxes, fines, and fees in all shapes and manners that they can come up with to extract money from us. Their justification for such vehicles of revenue extraction is usually nothing more then the statement that the "need the revenue". Like we don't need it as much or more then they do.....

That's been SOP ever since I can remember. It has perpetuated over the years....when I was in the Navy I became familiar with the flight schedules for my squadron. We had several designations for different flight manifest. One was DFW....I never gave much thought to it, but one day I asked what that stood for. I was told, "Dedicated Fuel Waste", and it was explaned that each year, each squadron was allocated X amount of fuel. If they did not use the same, or more than their allocation, they would not be allocated that much the following year.

[Mannings]

This has really gone away from the original BAD Renter post but 85 Vette brings up another good subject the Government Department's "use it or loose it" mentality. Are they looking for way's to be more cost effective, I think not. Their looking for way's to spend all they get and ask for more next year. My other big beef is "eminent domain" for the good of the community. From what I've seen it's typically for the good of the developers and tax rolls.

If it wasn't so hot out I'd probably head down to US41 and start protesting.

[Rich Z]

Any government agency's prime directive is the same as any other living organism's. Quite simply, to survive at any cost. I don't believe there has ever been any government agency in history that voluntarily dissolved itself because it was superfluous, redundant, or just a waste of tax payer's money.