Is a Landlord Responsible to Remove an Unauthorized Individual?

Some Tenants allow individuals to live in the property without the Landlord’s consent.  This is a violation of the lease.  As a result, a Landlord can remove the them.  However, they must take the proper steps.  Therefore, if you need to remove an unauthorized individual in Florida,  contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.

Does a Landlord need to file an Unlawful Detainer or Eviction to remove an unauthorized individual?

While an Eviction can still be filed, an Unlawful Detainer is the better option.  Regardless if the individual is paying rent to the Tenant, they do not have a lease with the Landlord.  Therefore, they are not a Tenant.  The unauthorized individual may believe that since they are paying rent, they are protected as a Tenant.  This is not true.  If the lease does not allow a Tenant to sublease unless the Landlord consents, they will be removed.  The unauthorized Individual will not have any defenses because they cannot any rent was paid to the Landlord.

Can the Landlord remove the Tenant that violated the lease?

Absolutely.  However, they need to give them an opportunity to cure the violation.  They must give them a 7 day notice to cure.   As a result, the Tenant must proceed with the Process.  While it is unlikely that it will be completed in 7 days, they can at least show the Court that action has been taken.  On the other hand, if the Tenant does nothing,  the Landlord can commence proceedings against them.  In addition, the unauthorized Tenant will be included as “all others in possession.”  This means that since they are residing in the property, they will be removed with the Tenant.

A Landlord may discover that their Tenant has allowed an unapproved individual to reside in the property.  Although it can be frustrating, you are within your rights to take action.   While the Tenant should take steps in removing the unapproved individual, a Landlord can commence proceedings.  If you need to remove an unauthorized individual in Florida, contact the Law Office of Brian P. Kowal, PA at (954) 990-7552.