Trying to help my dad get out of a situation

[heatforlife]

What is the name of your state (only U.S. law)? Florida

Hey guys, im trying to help my dad get out of a situation he is in. I have been reading up on some tenant laws in Florida and what i got out from it is that theres a 5 day notice that you give and if they reply then you go to court.

Long story short, my father is the landlord and his brother is the tenant. I don't know much of the details but i do know that his brother is not paying rent. From what i remember, my fathers attorney sent his brother the 5 day notice which he told me they replied to. My dads attorney explained to my dad the costs of court and something about them not even having to go to court if the judge says so (??). His brother doesn't have money and my dad is frustrated at the time it'll take. Can someone can explain the procedure my dad should take?? Also what can he do if his brother, the tenant, has not showed up to the house for two days and has changed the lock. The tenant has a girlfriend and a son with him. Sorry if there not enough information, im not caught up with everything that is happening, but i also don't want my father to make any mistakes.

Thanks in advanced!

 

[FarmerJ]

Going to court the first time with a stranger for a eviction hearing can be unsettling to some people let alone having to take a family member to court. AS long as proper notice was sent for your states requirement to demand the tenant to pay up If the tenant completely vacated then It would be alot easier but since the tenant changed locks make sure that your father doesnt miss any court hearings if he fails to show he will have to start from scratch. In court a tenant who cannot pay up EVERY THING on the spot or come to a agreement that is rubber stamped by the court to pay of what they owe ( if allowed by all partys) a tenant is normally just told they have X number of days to vacate. In some places courts may grant a short period of a few days , anything from 2 days to 7 days , for a tenant to get out. IF the tenant has failed to get out by the end then a court ordered writ of restitution or a pre aproved process is followed by the court system where in the end the county sheriffs dept comes out with a court order in hand ordering the tenant to get out or face removal. Hopefully it wont go that way. Either your dads atty should tell him how it works OR your county clerk of the court may actually have a booklet explaining it all. The first time around like I said can be unsettling to some people especially with family members. Remind your father that bad behavior has consequences and to not permit personal feelings to get in the way of the consequences to this family member.

 

[heatforlife]

Thx FarmerJ. Any one have information on the fact that the tenant changed the lock? My father wants them out as soon as possible.

 

[Cvillecpm]

If your father does not understand what the attorney told him, you should talk to the attorney and see what the options are.

Your father has to evict through the court for non-payment

 

[xylene]

Your father can hire a locksmith to remove the lock changed without permission and then install a new lock at the tenants expense

WARN - HE MUST GIVE THE TENANT A KEY!!!!

Do no do something that could be considered a lock-out!!!!