Most leases state whether the Landlord or the Tenant are required to maintain the property. However, the County or City will always put the responsibility on the Landlord as they are the owner. Unfortunately for Landlords, there are instances when a Tenant complains to Code Enforcement about the condition of the property when they in fact created the issue. If this occurs, a Landlord can take action. If you have questions about whether a Landlord can Evict a Tenant that contacts Code Enforcement, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
When can you Evict a Tenant that contacts Code Enforcement?
A Landlord does not always have the right to Evict a Tenant that contacts Code Enforcement. In other words, a Landlord needs to make sure that they have grounds. If a Tenant created the condition and then contacted them, the right to Evict would be justified. In every rental agreement and/or Tenancy, the Landlord and the Tenant have the obligation to act in good faith. Making a false report to Code Enforcement violates this obligation. As a result, the Landlord can send the Tenant a 7 Day Notice of Termination of Lease. Due to the egregious nature of making a false report, the Tenant would not be given the opportunity to cure. Accordingly, if the Tenant fails to leave after seven days, the Landlord can file the Eviction to remove them.
A Landlord can also Evict a Tenant pursuant to Florida Statute 83.52(7). By making a false report, the Tenant is not conducting themselves in a manner that would be considered in compliance with the lease but rather attempting to harass the Landlord. Like Florida Statute 83.44, a Tenant that acts in bad faith that results in harm to the Landlord can result in their potential removal.
How Evicting a Tenant that contacts Code Enforcement be a problem for a Landlord
It is without question that not every Landlord and Tenant has a harmonious relationship. This is due to a variety of factors. However, a Landlord needs to be careful they are not evicting a Tenant in retaliation for contacting Code Enforcement. A Tenant may be within their right because the Landlord is not complying with the terms of the lease and the violation is caused by them. The Tenant does have the right to contact Code Enforcement if they tried to contact the Landlord first informing them of the violation. However, the complaint must be valid and not made in bad faith. Therefore, if it is found that the Complaint had merit, the Eviction will likely be dismissed. Before filing an Eviction to Remove a Tenant that contacts Code Enforcement, Landlord should consider the following:
1. Did I create the violation?
2. If I did not create the violation, has the Tenant acted in bad faith by contacting Code Enforcement?
If you have questions about when you can Evict a Tenant for contacting Code Enforcement, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
