There are times that the Landlord/Tenant Relationship does not operate smoothly. Tenants often do not pay rent or comply with the terms of the lease. As a result, a Landlord must decide if they are going to remove them. There are several ways they can Evict a Tenant in the State of Florida. If you are need to remove a Tenant, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
A Landlord can Evict Tenant in Florida when the following occur:
(1) A Tenant has failed to pay rent.
When they enter into a lease, they are required to pay rent on time. However, if they fail to pay, they will be served a 3 day notice. If they do not pay, the Landlord can file a Complaint.
(2) A Tenant has committed a non-monetary violation of the lease.
In other words, they may be evicted if they violate a provision of the lease unrelated to payment. This includes:
A. Allowing someone to reside in the property not authorized by the Landlord.
B. Destroying the property
C. Committing a crime in the property etc.
(3) A Tenant has remained in the property after the lease has expired.
A Holdover Tenant is a Tenant that remains in the property after a lease expires. Since they are still there, an Eviction can be filed. In addition, the Landlord can recover double rent for every day they live in the property after the Termination date.
There are several ways a Landlord can Evict Tenant in the State of Florida. The Law Office of Brian P. Kowal, PA assists Landlords throughout the State of Florida. If you are a Landlord and need to evict a Tenant, contact our office at (954) 990-7552. 20
[…] Eviction: Unpaid Rent and Non-Monetary A. Unpaid Rent: If rent is not paid, the Tenant receives a 3 day notice to pay or vacate. If the Tenant fails to pay after the 3 days, the Landlord can file an Eviction. B. Non-Monetary: A Tenant can be removed if they violate a part of the lease not related to rent. If that violation can be cured, the Tenant must be given a 7 Day Notice to Cure. This notice gives the Tenant 7 days to remove the violation. If the Tenant complies, the Landlord will not proceed with Eviction. If the Tenant fails to cure the violation, the Landlord can proceed with Eviction. […]
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Good to know Brian. The situation with the rent moratoriums seems so complex, how does a lawyer comprehend it? If renters are accepting unemployment and aid checks, they should be paying their rent, because the government seems to be putting this whole rent payment issue on the backs of small landlords. Still, evictions could be a devastating problem for the state of Florida, especially now with the outbreaks. Hope you’re not too busy with evictions!
[…] A Landlord’s Right to Evict Tenant in Florida occurs when the following take place: […]
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can you evict someone from your house if an order of protection he has aganst me
Has Florida law changed recently? It was always to my understanding that if a landlord issues a 7 day with opportunity and the violation was not cured, they must then issue a 7 day termination.