At all times during the Tenancy, the Tenant has an obligation to maintain the property. In other words, there are a system of rules they must follow. However, if the lease is silent on these rules, Florida Statute 83.52 applies. One rule under this statute is not to damage the property. If you have questions about whether it is possible to Evict a Tenant that damages the property, contact our office at (954) 990-7552.
When Can you Evict a Tenant that Damages the Property?
Landlords own rental properties as a way of supplementing their income or as a long-term investment. Regardless of the reason, their home must be maintained and treated with respect by the Tenant. This includes the right to not have it damaged. Florida Statute 83.52 (6) states that a Tenant at all times during the Tenancy shall not destroy, deface, damage, impair, or remove any part of the premises or property therein belonging to the Landlord nor permit any person to do so.
If a Landlord discovers that the Tenant damaged or destroyed their property, they first need to send a 7 Day Notice to Cure. However, they need to make sure that actual damage occurred and assess it. For example, if there is minor damage that was a result of an accident and will cost no more than fifty dollars to repair, it may not be worth proceeding with a Notice. On the other hand, if the damage is significant and costs a substantial amount to repair, the Notice will be necessary. If after receiving the notice the Tenant is unable to make the repair or pay the cost of the damage, the Landlord can proceed with removal proceedings.
What Happens at a Hearing Regarding the Damage?
If the Tenant fails to cure the 7 Day Notice, the Landlord can file the Eviction. After the Tenant responds, a Final Hearing is scheduled. At the hearing, a Landlord and Tenant are given an opportunity to present their case. A Landlord needs to show evidence of the damage, service of the 7 Day Notice, and the failure to cure the Violation. If they are able to do so, their chances of being successful will greatly increase.
Landlords need to be careful when bringing this type of action. It is important that before issuing the 7 Day Notice, they have proof of the damage. If they do not have pictures, they could lose their case and end up having to pay Attorney’s Fees. If you need to Evict a Tenant that damages the Property, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
