A Tenant can be Evicted for non-payment of rent and non-monetary violations. A less common way is evicting a Tenant that commits code violations. While the Landlord is ultimately responsible to cure the violations, it does allow them to remove the Tenant. Therefore, if you need to Evict a Tenant that commits Code Violations, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
How to Evict a Tenant that Commits Code Violations
A Tenant that commits code violations at the property can be a nightmare for a Landlord. In other words, even though the Landlord may have not been responsible for the violations, the City will still hold them responsible. What recourse does the Landlord have if this occurs? Florida Statute 83.52 (1) states in part that:
Tenant at all times during the Tenancy shall
(1) Comply with all obligations imposed upon tenants by applicable provisions of building, housing, and health codes.
If a Landlord receives a notice of violations, they need to look at the lease. Accordingly, this allows them to determine if they or the Tenant are responsible to cure them. If the Tenant is responsible, the Landlord can serve them a 7 Day Notice to Cure. The Notice will state that the Tenant is in violation of Statute 83.52(1) and has seven days to cure the violations. If it cannot be cured, was done intentionally, or caused excessive damage, they will be give a 7 day Notice of Termination.
7 Day Notice to Cure
If the Tenant removes the violation within seven days, the Eviction cannot proceed. On the other hand, if the Tenant fails to remove it, the Landlord can file the Eviction. The Eviction will reference the 7 Day Notice to Cure and the Tenant’s failure to cure the violation. The Tenant will then have five days to respond. As a result, the Court will set a hearing.
7 Day Notice of Termination
If it is determined that the violation caused destruction or resulted in the removal of any part of the premises, the Tenant will be served with a 7 Day Termination Notice. Unlike a Notice to Cure, they will not be given the opportunity to remove the violation. Accordingly, they will have 7 Days to vacate the premises. If they fail to leave after 7 days, the Landlord can file an Eviction. The Complaint will reference the Termination notice. The Landlord will need to prove that the violation caused damage or removed part of the property. However, if the Tenant cannot present a defense that will show this did not occur, they will be evicted.
Evicting a Tenant that commits code violations can be more difficult than the standard non-payment of rent Eviction. Having knowledge of the Eviction Process and standard courtroom procedure is important to being successful. Therefore, it is recommended that you speak with an Attorney before proceeding. If there any errors in this type of removal action, a Landlord’s case can be dismissed and/or be delayed. In addition, they could be responsible for the Tenant’s Attorney Fees if they lose.
Nevertheless, it is a Landlord’s responsibility to ensure that their property is in compliance. While they are liable to the City, they are still within their rights to remove the Tenant that caused the violations. If you need to evict a Tenant that commits code violations at the property, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
