How to evict a Tenant that harasses their Landlord

Communications fall apart in any relationship.  More specifically, Tenants often become hostile towards their Landlords.  This can be due to several reasons.  While tension may occur, they must display a level of respect to their Landlord.  This includes speaking to them in a civil manner.  Accordingly, Florida Law provides protection to Landlords that experience this type of treatment.  Therefore, if you questions about how to evict a Tenant in Florida that harasses their Landlord, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552. 

When can a Landlord Evict a Tenant that harasses them?

Florida Statute does not directly state that a Landlord can remove a Tenant if they harass them.  It does however give a list of Tenant requirements to maintain the unit.  In particular it states: The Tenant at all times during the tenancy shall: Conduct himself or herself, and require other persons on the premises with his or her consent to conduct themselves, in a manner that does not unreasonably disturb the tenant’s neighbors or constitute a breach of the peace.  In other words, they must act in a way towards the other Tenants or their Landlord that does not create a hostile environment. This includes speaking to them in a civilized manner and not calling them offensive names.  

In some instances, Landlords include a provision in their lease that allows them to Evict a Tenant for harassment.  While rare, many are aware of the possibility that this may occur.  Accordingly, it should state the following;  In the event that the Tenant makes offensive remarks, threatens, or intimidates the Landlord over the phone, email, or in person, they will be subject to Eviction Proceedings.  They will likely dispute that they harassed the Landlord but it will be left for the Courts to decide. 

How does the Landlord remove the Tenant that harassed them?

If the Landlord believes that they are being harassed by the Tenant, they need to review their lease to see if they are protected.  As most leases do not contain this provision, Florida Statute will provide recourse. Upon being harassed, they should give the Tenant a 7 Day Notice of Termination.   As a result, the Tenant’s lease is terminated and they shall have 7 days to vacate the property.  If they fail to vacate during that time, an Eviction will be filed against them.   If the Tenant files a response, the Landlord should be prepared to provide the Court all evidence of the harassment.  For example, if the harassment occurred on the telephone, it is important that the 7 Day Notice was sent to the Tenant immediately thereafter.  Any delay will likely be less credible.  

If the Court determines that the harassment rises to the level of termination, they will likely rule in the Landlord’s favor.  As a result, a Final Judgment will be entered and the Tenant will ultimately be removed from the property.  On the other hand, if the evidence shows that the Tenant was not at fault or they should have been given an opportunity to cure the violation, the case may be dismissed.  

To learn how to Evict a Tenant that harasses their Landlord, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.