Florida Tenants often allow friends or family members to stay with them during their lease. These guests are usually not approved by the Landlord. Unfortunately, issues arise causing the Tenant to vacate the property or the lease has ended but their guest remains. As a result, the Landlord can proceed with an Eviction to remove them. If you are a Landlord that needs to evict an unauthorized guest in Florida that remained in the property after the Tenant left, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.
How does a Landlord Evict an unauthorized guest in Florida?
Many Florida Tenants allow guests to stay with them without receiving authorization from their Landlord. While they may be trying to help a friend or family member, they are in violation of the lease. The Tenant may vacate the property early or their lease has ended. However, the guest will remain in the property. When they Landlord discovers that guest is still there, they may remove them through the Eviction Process. The Tenant that signed the actual lease will also be evicted even though they do not live there.
The Landlord has the right to offer the guest a lease and allow them to stay. On the other hand, if they decide not to, they must send the Tenant a 7 Day Notice to Cure to the property. This gives the Tenant 7 days to remove the guest. The Landlord understands that the Tenant no longer resides in the property but has to follow procedure sending the letter. If the guest fails to inform the Tenant about the letter or the Tenant chooses not to respond, the Landlord can proceed with the eviction after the 7 days elapses. The Tenant does have the ability to follow their own removal action during the 7 Days if their guest decides not to leave. Most Landlords will likely not take action against the Tenant if efforts have been made by the Tenant to remove the guest.
How should it be handled in Court?
The Complaint must attach the 7 Day Notice. After they serve the Tenant or the guest residing at the property, they have five days to respond. If the Tenant vacated and is not aware of the eviction, a default will be entered against them for failure to respond. If they do respond, they will need to explain to the Court that they didn’t allow the Guest to reside there or the guest left within seven days. Otherwise, any answer filed will be stricken by the Court.
A Landlord should include two different Defendants in the law suit: The unauthorized guest and All others in Possession. This will ensure that although the Tenant did vacate, any individuals remaining will be removed once the Eviction is completed.
If you need to evict an unauthorized guest in Florida, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.