Some Landlords have Tenants that cause excessive noise. In addition, they may be violating local noise ordinances. As a result, the Landlord may receive complaints or face fines. Therefore, it is important that they take action. Evicting tenants for making too much noise is a legal process, and if you need help with it, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
Evicting Tenants for Making Too Much Noise in South Florida
A Landlord must be careful before accusing their Tenant of causing noise disturbances. However, if they receive complaints from the Association or City, 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 have legitimate proof, 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, they need to file the Eviction. Not taking action can prove to be costly.
Evictions to remove a Tenant for noise disturbances are not as simple as it seems. The Courts require proof that the violations occurred. This includes witnesses such as the Property Manager or other Tenants. They will testify that they received complaints from other Tenants. Since the Landlord is not residing in the property, testimony from their Manager may be the only way to prove the disturbances. Some Landlords are fearful of using other Tenants as Witnesses as it can put them in danger. 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 come from the City or other Homeowners. The Landlord will still be required to give the Tenant a 7 Day Notice to Cure and remove them through the Eviction Process.
What happens if the Landlord Fails to Evict?
Failure to take action can result in fines. As a result, the Association can obtain an Order requiring them to remove the Tenant. This can be costly for a Landlord as they could be liable for Attorney Fees and costs. However, the ability of an Association to take enforce this action depends on their by-laws. Accordingly, Landlords should be careful and not ignore the warnings because of the penalties that could occur.
Evicting tenants for making too much noise in South Florida, South Florida Landlords Can Evict Tenants for Making too Much Noise, can be complicated, but 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.