If You Rent, Understand Your Eviction Protection Rights

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Zoecklein Law, P.A.

Brandon, FL

A number of beautiful communities are popping up all over the country that offer spacious accommodations for families looking to rent a home rather than purchase through a mortgage. Most people choose to rent instead of buy for certain reasons: poor credit scores, lack of down payment money, and temporary relocation for a job. Whatever your reason for renting, it's vital that you understand your rights as a tenant in the case of an eviction proceeding. Though you may feel confident that late payments won't be a concern for you, when life takes an unexpected turn you'll be thankful that you educated yourself.

Renting involves using the home, townhouse, or apartment of a landlord who allows you to be a tenant on the property under certain lease conditions. These conditions usually include payment terms and other prerequisites for pets, noise, and general behavior. When you violate the lease, your landlord can begin the process to have you evicted, but he can't simply lock you out while you're at work with a warning. Eviction requires certain steps and procedures to ensure the situation remains fair for both parties involved.

Step One

Before anything, your landlord is required to file a notice of termination of lease along with the reason for pursuing your eviction. Most evictions occur due to late payment, but for other evictions arise due to prohibited pets or illegal activities on the landlord's property. This notice of termination must provide you with a timeframe in which you're allowed to fix the problem before the eviction process accelerates.

Step Two

If you ignore your termination notice or have no way to resolve the problem that led to the eviction proceedings, you're still safe from being locked out of your home after work. Your landlord is legally required to serve you with a summons and complaint for eviction. Without this step, he cannot continue the eviction process; if your landlord does skip over this vital part of the system, you can use the oversight to fight your eviction as long as you have solid proof. It's also possible to prove eviction based on retaliation, in which case your landlord would not be allowed to continue with the eviction.

Step Three

Some evictions are simply unavoidable. If this is the case, it's time to move out. At the point of an occurring eviction, the landlord must hand over the court judgment to law enforcement. You would receive a notice that you have a few days to pack your things to remove yourself from the property, with an escort if needed.

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