Notices

Florida Evictions

Old 08-07-2020, 06:50 AM
  #1  
Admirals Club Admiral's Club Member
Thread Starter
 
Join Date: Dec 2010
Location: Treasure Coast
Posts: 934
Received 278 Likes on 165 Posts
Default Florida Evictions

Anyone have any real world experience with this unfortunate side of real estate since the Beer Flu hit? Tenant says he's safe; nice lady in the Clerk's office says evictions are allowed, but reading her body language over the phone, I inferred that the Judge might not look too kindly on the Plaintiff.

I've received 1 payment this year (May.) So while he's been sitting on his dick collecting $600 a week and smoking pot, I've been forced by the State to allow him to live in my house FOR FREE.

He's a Marine with a disabled wife. I have a soft spot for veterans so I moved them in, but this guy has no honor. And that is the good deed I'm being punished for.

Popular Reply

08-07-2020, 07:30 AM
China Rider
Admirals Club Admiral's Club Member
Thread Starter
 
Join Date: Dec 2010
Location: Treasure Coast
Posts: 934
Received 278 Likes on 165 Posts
Default

Originally Posted by PiperMachine View Post
Is he actively serving? or is he out? Is he unemployed? Are you sure he's getting the $600? Need more info before we gather the pitchforks. This is a really tough situation for all involved but you deserve compensated for your rental.
He's out. He's in the building trades so he should be employed, but I think the $600 per week is more attractive. When I posted the 3 day notice I could smell the kind bud being burned from the street - at 9 am. Both cars in the driveway.

One of the main reasons the settlers rose up against the English was the law that forced them to house and feed English soldiers. How is this different? If Chuck and Nancy don't want them evicted, then Chuck and Nancy should pay the rent directly to me.
Old 08-07-2020, 06:54 AM
  #2  
Senior MemberCaptains Club Member
 
Join Date: Apr 2002
Location: pompano beach, florida
Posts: 5,169
Received 547 Likes on 299 Posts
Default

Don’t have any advice other than crappy situation for all involved, add this to the other 1000 reasons I’m not cut out to be a landlord
Old 08-07-2020, 06:56 AM
  #3  
Admirals Club Admiral's Club Member
 
Join Date: Dec 2013
Location: Miami/Gables by the Sea
Posts: 282
Received 77 Likes on 42 Posts
Default

Wish I had info for you, this is why I stick to commercial real estate, it's still a headache to evict no matter the scenario BUT in the commercial world it is a lot easier.
Old 08-07-2020, 06:57 AM
  #4  
Admirals Club Admiral's Club Member
 
Join Date: Nov 2012
Location: Martin County Florida formerly Palm Beach County
Posts: 11,838
Received 2,653 Likes on 1,495 Posts
Default

I dont see them allowing evictions anytime in 2020.
Old 08-07-2020, 06:58 AM
  #5  
Senior Member
 
Join Date: Aug 2012
Location: Boca Raton
Posts: 275
Received 75 Likes on 58 Posts
Default

Current Executive Order in place permits you to file an eviction action, but if the reason is for non-payment due to Covid, you cannot get a final judgment. Current Executive Order expires on September 1. However, it could (and may very well) be extended.
Likes:
Old 08-07-2020, 07:01 AM
  #6  
Senior Member
 
Join Date: Mar 2009
Location: FL Panhandle
Posts: 1,159
Received 323 Likes on 174 Posts
Default

Not personally (yet). But I have 3 units that I'm about to list and am somewhat nervous.

I lease my office space and my landlord here has a large portfolio, close to-if not 200 residential units. Plus a lot of office space. I know he is having a big time with one residential tenant who is now just squatting and destroying the place. Last week judge said there was nothing he could do. I'm sure there are more but less than 1% being a horror story doesn't seem as bad as the overall environment would have me believe.

These "rules" are insane. I understand somewhat not evicting based on temporary job loss but not being about to evict someone causing damage is ludicrous.
Likes:
Old 08-07-2020, 07:05 AM
  #7  
Senior Member
 
Join Date: Mar 2009
Location: FL Panhandle
Posts: 1,159
Received 323 Likes on 174 Posts
Default

Originally Posted by bobwhite35st View Post
Wish I had info for you, this is why I stick to commercial real estate, it's still a headache to evict no matter the scenario BUT in the commercial world it is a lot easier.
No joke. Residential tenants are getting more and more brazen as governments given them more and more rights. Makes me nervous for the future. A good buddy of mine's father has a dozen or so large warehouses that are long-term leased to national/international credit tenants. Indestructible buildings, rent checks direct deposited on time every time.
Old 08-07-2020, 07:09 AM
  #8  
Admirals Club Admiral's Club Member
 
Join Date: Jul 2014
Location: Central Florida
Posts: 545
Received 188 Likes on 93 Posts
Default

Originally Posted by China Rider View Post

He's a Marine with a disabled wife. I have a soft spot for veterans so I moved them in, but this guy has no honor. And that is the good deed I'm being punished for.
Is he actively serving? or is he out? Is he unemployed? Are you sure he's getting the $600? Need more info before we gather the pitchforks.
My wife got laid off and got unemployment after months or not knowing what was happening. Then one day money showed up in her account. We have no idea what the money was for what period or if there was federal money involved.

This is a really tough situation for all involved but you deserve compensated for your rental.
Old 08-07-2020, 07:15 AM
  #9  
Admirals Club Admiral's Club Member
 
Join Date: Dec 2013
Location: Miami/Gables by the Sea
Posts: 282
Received 77 Likes on 42 Posts
Default

What happens to the landlords that cannot pay their mortgages due to the tenants not paying and staying rent free?

I know the bank isn't going to say HEY DON'T WORRY ABOUT IT!

Banks are some of the biggest crooks out there. I feel sorry for everyone involved in this mess.
Old 08-07-2020, 07:30 AM
  #10  
Admirals Club Admiral's Club Member
Thread Starter
 
Join Date: Dec 2010
Location: Treasure Coast
Posts: 934
Received 278 Likes on 165 Posts
Default

Originally Posted by PiperMachine View Post
Is he actively serving? or is he out? Is he unemployed? Are you sure he's getting the $600? Need more info before we gather the pitchforks. This is a really tough situation for all involved but you deserve compensated for your rental.
He's out. He's in the building trades so he should be employed, but I think the $600 per week is more attractive. When I posted the 3 day notice I could smell the kind bud being burned from the street - at 9 am. Both cars in the driveway.

One of the main reasons the settlers rose up against the English was the law that forced them to house and feed English soldiers. How is this different? If Chuck and Nancy don't want them evicted, then Chuck and Nancy should pay the rent directly to me.
Old 08-07-2020, 07:42 AM
  #11  
Admirals Club Admiral's Club Member
 
Join Date: Jul 2014
Location: Central Florida
Posts: 545
Received 188 Likes on 93 Posts
Default

Originally Posted by China Rider View Post
He's out. He's in the building trades so he should be employed, but I think the $600 per week is more attractive. When I posted the 3 day notice I could smell the kind bud being burned from the street - at 9 am. Both cars in the driveway.

One of the main reasons the settlers rose up against the English was the law that forced them to house and feed English soldiers. How is this different? If Chuck and Nancy don't want them evicted, then Chuck and Nancy should pay the rent directly to me.
Well I agree but Chuck and Nancy didn't create the $600 stimulus by themselves and they're not the ones keeping your rent from you. Your scumbag tenant is. Sure in a perfect world it would have been great if there was a system put in place where the $ going to people had to filter through something else so people that were owed were compensated. But that adds another layer of beauracracy. How do you know he's collecting extra cash?
Old 08-07-2020, 08:09 AM
  #12  
Admirals Club Admiral's Club Member
 
Join Date: Jul 2010
Location: Amelia Island, Florida
Posts: 284
Received 1 Like on 1 Post
Default

Do you have a current written lease. If so, most have a provision for the sale of the property assuming you are close to the end. If not you can give notice. The market is still strong and might be a good time to move on.
Likes:
Old 08-07-2020, 08:09 AM
  #13  
Admirals Club Admiral's Club Member
 
Join Date: Jun 2016
Posts: 617
Received 163 Likes on 77 Posts
Default

Originally Posted by bobwhite35st View Post
What happens to the landlords that cannot pay their mortgages due to the tenants not paying and staying rent free?

I know the bank isn't going to say HEY DON'T WORRY ABOUT IT!

Banks are some of the biggest crooks out there. I feel sorry for everyone involved in this mess.
actually most banks are letting you defer payments for extended periods if you want. Also, I don’t think people should be landlords for residential properties they can’t carry without rent being paid.
Old 08-07-2020, 08:57 AM
  #14  
Senior Member
 
Join Date: Oct 2019
Posts: 395
Received 150 Likes on 88 Posts
Default

Originally Posted by Qotsaautopilot View Post
actually most banks are letting you defer payments for extended periods if you want. Also, I don’t think people should be landlords for residential properties they can’t carry without rent being paid.
So in your opinion there should be no such thing as investing in Real Estate? Do you happen to know how many large corporations are now in the game who are taking on debt to acquire properties?

There wasn't anything written into the CARES Act to aid landlords? If so, that's asinine. I guarantee the OP isn't the only person with a tenant taking advantage of the current climate. Go check your local big box store and see how low their Big Screen TV inventory is currently. There's people not paying their rent out buying boats, sheesh.
Likes:
floffshore, MaddMac, Obangler, Reel E, scubaman77, SneakAttack, Thegardenstick@yahoo.com and 2 others liked this post. (Show less...)
Old 08-07-2020, 09:09 AM
  #15  
Senior Member
 
Join Date: Sep 2017
Location: Cape Coral, FL
Posts: 128
Received 79 Likes on 39 Posts
Default

What is unacceptable in my opinion is that the government has shifted their problem onto the individual real estate investor. Which in my opinion is total BS. Making it way too easy for slackers to take advantage of the situation.
Likes:
Intrepid, mark101, Nautibouys II, Phins360, Reel E, Southern Hooker, vinb1102 and 2 others liked this post. (Show less...)
Old 08-07-2020, 09:14 AM
  #16  
Admirals Club Admiral's Club Member
 
Join Date: Jun 2014
Location: Florida
Posts: 472
Received 506 Likes on 194 Posts
Default

Originally Posted by Qotsaautopilot View Post
actually most banks are letting you defer payments for extended periods if you want. Also, I don’t think people should be landlords for residential properties they can’t carry without rent being paid.
For how many months?
Old 08-07-2020, 09:24 AM
  #17  
Senior Member
 
Join Date: Aug 2013
Posts: 167
Received 77 Likes on 32 Posts
Default

Please ignore all of the blabbering fishing chat room Holiday Inn Express opinions posted above. Here is a specific answer to your question.

The most recent executive order on foreclosures and evictions is much different than the previous executive orders which basically suspended all foreclosures and evictions. You can read it here:
https://www.flgov.com/wp-content/upl.../EO_20-180.pdf

If you've only received 1 payment this year, then that means the tenant is in default for failing to the make the payment due in January 2020, which is pre-COVID. Under the language of the executive order, you can file your eviction action either way. After you file your eviction action, if the tenant is able to demonstrate he was unable to make the Jan. 2020 payment because he was adversely affected by COVID then that could prohibit you from obtaining an eviction final judgment and/or writ of possession until after the Executive Order expires. The Judge will ultimately decide this issue.

You should seek the advice of an attorney if you have further questions. It is likely in your best interest to go ahead and file the eviction now, so that everything is in place once the Executive Order(s) on evictions expire. Best of luck.

Old 08-07-2020, 09:26 AM
  #18  
Admirals Club Admiral's Club Member
 
Join Date: Sep 2018
Location: Kiln, MS
Posts: 626
Received 164 Likes on 113 Posts
Default

file, if they won't evict sue the sate for a taking under the constitution.
Old 08-07-2020, 10:03 AM
  #19  
Junior Member
 
Join Date: Aug 2020
Posts: 21
Likes: 0
Received 5 Likes on 3 Posts
Default

You just have a bad Tenant! Nothing to do with Covid or the $600. Congress is going to pass another bill which will allow them to stay even longer. You will be stuck with them not paying a ruining your property. I would just pay them to move out. It might be the cheapest solution overall.
Old 08-07-2020, 10:54 AM
  #20  
Admirals Club Admiral's Club Member
Thread Starter
 
Join Date: Dec 2010
Location: Treasure Coast
Posts: 934
Received 278 Likes on 165 Posts
Default

Originally Posted by Jud1417 View Post
Do you have a current written lease. If so, most have a provision for the sale of the property assuming you are close to the end. If not you can give notice. The market is still strong and might be a good time to move on.
Who is going to buy a house that they can't move into or rent for 6 months?
Likes:

Thread Tools
Search this Thread

Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service - Do Not Sell My Personal Information -

Copyright © 2018 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.