Some South Florida Landlords have Tenants that cause excessive noise. In addition, they may be violating local noise ordinances. As a result, the Landlord may receive complaints wherein they could face fines. Therefore, it important that they take action. If you need to Evict a Tenant for noise disturbances, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
How South Florida Landlords Can Evict a Tenant for Making too Much Noise
A Landlord must be careful before accusing their Tenant of creating noise disturbances. However, if they have received complaints from the Association that the property is in, they need to address it. First, they should give the Tenant the benefit of the doubt. This means they have to approach them and determine if the complaints are valid. The Tenant will likely deny it. However, if they receive additional complaints, they must send them a 7 Day Notice to Cure. As a result, the Tenants must stop all noise disturbances within 7 Days. If they fail to stop during this time or if the Landlord receives more complaints during the next twelve months, they need to file the Eviction.
Evictions to remove a Tenant for noise disturbances are not as simple as it seems. The Courts require proof that the violations actually occurred. This includes witnesses such as the Property Manager. They will testify that they received the complaints from other Tenants. Since the Landlord is not residing in the property, testimony from the Manager may be the only way to prove the disturbances. However, not all Tenants live in Associations with neighboring units. Some live in single family Homes. These Tenants may cause noise disturbances that violate local ordinances. The Complaints will likely come from the City or other Homeowners. The Landlord will still be required to give the Tenant a 7 Day Notice to Cure.
What happens if the Landlord fails to Evict?
They may be subject to fines if they fail to take action. As a result, the Association can obtain an Order requiring the Landlord to remove the Tenant. This can be disastrous for a Landlord because they could be liable for Attorney’s Fees and costs. However, the ability for an Association to take this action depends on their by-laws. Landlords should be careful and not ignore the warnings because of the penalties that could occur.
South Florida Landlords Can Evict Tenants for Making too Much Noise. While it can be complicated, if handled properly, they will avoid unnecessary fines and additional problems. If you have a Tenant that is causing noise disturbances, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.