Evicting for nonpayment of rent is still not possible, but we are here to help you work through any issues you’re having collecting rent. For help with your Boca Raton rental property, please contact us at Florida Property Management Services.
What Boca Raton Investment Owners Need to Know About Evictions
Florida PMServices • May 28, 2021
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.
Share this post
Legal Update from the Law Offices of Heist, Weisse & Wolk, PLLC Phone: 1-800-253-842
What is it? A cost segregation study looks at the different parts of a rental property to see which ones can be depreciated faster. This can allow investors to take some deductions sooner instead of spreading them out over the standard 27.5 years. Who uses it? It’s mainly used by real estate investors and property owners who want to claim larger depreciation deductions sooner on their rental properties. A qualified tax professional or cost segregation specialist typically performs the study. Where does it apply? Cost segregation can be used on residential rental properties, including single-family rentals, although whether it makes financial sense depends on the property and the investor's tax situation. The IRS specifically provides guidance for cost segregation studies involving residential rental property. When should investors consider it? It is often considered when purchasing, constructing, or making significant improvements to a rental property. Investors can also look at existing properties, but the potential benefit depends on the property's cost, improvements, and tax circumstances. Why does it matter? The goal is to potentially move some depreciation deductions into earlier years, which can reduce taxable income sooner and potentially improve near-term cash flow. It doesn't create new value in the property, it changes when certain costs may be deducted for tax purposes. Investor Takeaway: A cost segregation study can be worth exploring for investors with higher-value rental properties or significant improvements, but the potential tax benefit varies from property to property. It is recommended to always work with a qualified tax professional to determine whether a study makes sense for your situation.
The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.
