What Boca Raton Investment Owners Need to Know About Evictions

Boca Raton investment property owners can usually evict a tenant fairly quickly and easily, especially compared to other states where the process is longer and more expensive. However, the COVID-19 pandemic continues to change the way we do business, and there’s a moratorium on evictions for nonpayment of rent. 

The Federal Centers for Disease Control and Prevention (CDC) has released a federal eviction order that has been extended through June 30th, 2021.

The order bans landlords from evicting tenants for nonpayment of rent if the tenant meets certain qualifications.  This does not mean that a tenant’s rent is forgiven. At the end of the moratorium, you can require payment in full for any overdue amounts and if the tenant cannot pay, you’ll be free to evict them. 

It’s still possible to evict your tenants for reasons other than not paying rent. If they pose a danger to your property or to your neighbors, you can have them removed. You can also evict if you’re planning to sell your property or occupy it yourself. 

Here’s what you need to know about evicting tenants (and avoiding eviction) when there’s not a moratorium in place. 

Serving Boca Raton Tenants a Pay or Quit Notice

Communication needs to begin as soon as rent is late. When tenants do not pay rent, get in touch with them as soon as possible to remind them that payment is due and to find out if there is any problem. Maybe they’ve simply forgotten. A phone call or a text message is a good first start. 

Hopefully, your tenant will be willing to talk about whatever problem is keeping them from paying rent. Perhaps you’ll get a promise to pay in the next day or so, or maybe your tenant will be willing to set up a payment arrangement for the overdue amount. 

If your tenant refuses to communicate and rent still does not show up, you’ll have to serve a Three Day Notice to Pay or Quit. This notice must be served or posted before you file for eviction. Then, the tenants have three business days to pay the rent. If they don’t, you can pursue your eviction in the courts. 

Filing for Eviction in Boca Raton

Visit the Palm Beach County courthouse and fill out the paperwork that’s necessary to begin an eviction. The court will serve a summons to your tenant, and they will have five business days to respond. If there’s no response, you’ll gain a Writ of Possession, which will be served by the sheriff. 

The tenants will have 24 hours after that service to move out. If they don’t, the sheriff will oversee their physical removal. If there is a response, you’ll need to go to court. 

Avoiding Eviction in Boca Raton

Screening is one of the most important ways to prevent an eviction. You’re looking for tenants who can pay rent on time reliably. Before you choose a tenant, check credit and national eviction records. Talk to former landlords. 

You also need a rent collection policy that’s in writing and strictly enforced. It should reflect when rent is due, the amount that must be paid, how to pay it, and when it’s considered late. Include any grace periods and also reference the late fees and other consequences. Enforce this policy. You can’t let one late payment slide without a late fee, otherwise you’re emboldening your tenants to continue paying late.