Another Eviction

[tgr]

I read the previous post on eviction, but I am still as lost where to start on my own. Here is my problem.. then questions.
The first month was prorated for the 13 days prior to the first of the month, so, in exchange for the deposit, signed lease, and prorated rent I handed over the keys. The first months rent was 17 days late, the excuse I heard from demon tenant was that tenants employments payroll company was based out of La. and affected by Hurricane Katrina. I didnt believe tenants story, but decided to wait and see what happened if in case this was true. (its possible, Hurricane Wilma has delayed our payrolll one week, and we are paying the employees out of our business account.) The second month, I called after no rent on the 5th day, get no response, and told two days later that the rent is in the mail with the 10% late fee. Three days later, I get a check in the mail for 100.00, and a letter saying they were in an auto accident and they have been unable to work but would send 100.00 a day until caught up. Once again, I dont believe the story, and honestly at this point I dont care. I know not to cash the check so that the lease does not become invalid, and I have received no checks since. Its now the 27th, and regardless of what they send me, I have decided to evict them to prevent 10 more months of problems.
1. I have not called because I dont know what I am legally allowed to say.
Do I say anything?
2. Do I have to send a 30 day notice, or can I just send a 3 day notice?
or do I have to send both?
3. What do I do if they dont leave?
4. Do I have to have an attorney?
I may have left something out, but I would greatly appreciate any help.

Thomas in Jacksonville

[Bernie (FL)]

Post a 3 day notice to vacate on the front door. If they don't vacate in 3 days then, unfortunately you will have to file an eviction suit in Civil court.

Usually, eviction cases are heard rather quickly. Most landlords/owners file there own case without an attorney. The filing fee, I believe in Duval county is $80 for landlord/tenant eviction. You should be able to find the forms you need at the courthouse.

Just hope they vacate within the 3 days or you will be stuck for at least another 30 if not more, depending on the court's case load.

[Aldo]

If there is any amount of unpaid rent, immediately serve that 3-Day Notice to Quit or Pay Rent (assuming 3 days is your local requirement). If you've not done an eviction before, don't even think about doing it without an attorney. The smallest of errors will get the eviction blown out of court and you'd have to restart from square one. Find an atty who specializes in RE, preferrably in evictions. Watch everything s/he does and ask a lot of questions. That will help prepare you to do your own evictions in the future.

For more help, you'll get some state-specific advice from posters in the Q&A and www.mrlandlord.com.

[SlumLordMike]

I did my first without an atty. Basically, the learning curve made the process take longer and so what I would have paid an atty was paid to lost rent. If you do hire an atty, make sure he/she is agreeable to let you have copies of the motions filed so you have them next time.